Ontario Labour Relations Board
2136-01-G International Brotherhood of Electrical Workers, Local 353, Applicant v. MRM Electric Inc., Responding Party.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; December 13, 2001
- The Board, by decision in this matter dated November 14, 2001 set out the parties’ minutes of settlement and noted at in paragraph 4 of that decision:
In this case, since the parties have agreed that the responding party must pay the applicant some amount of interest in relation to the period between the date of this decision and the date when payments were initially due the applicant, the Board will incorporate in a further Board order either the actual amount of interest payable to the applicant in respect of that period or a clear formula for the calculation of the amount of interest owing should the applicant, within 15 days of the date of this decision, request such an order and provide either the amount of interest or the formula and information required to calculate the amount of such interest.
- The applicant, by letter dated December 6, 2001 requested:
…that the Board issue a further decision in this grievance referral making an order that the responding party pay interest of $5,928.49 to the applicant under paragraph 2(iii) of their Minutes and under section 21 Clause 1001(b) of the Principal Agreement, and order payment of further interest after the date of the Board’s decision at the rates prescribed in the Courts of Justice Act.
- The applicant’s December 6th letter did not come to my attention until the afternoon of December 11, 2001. By letter dated December 12, 2001, counsel for the applicant advised the Board that on reviewing the file, it appeared that the request for a further order was made beyond the time stipulated in the Board’s November 14th decision and sought an extension of time for making the request. Counsel submits that the failure to file a timely request was wholly inadvertent and in any event, no prejudice has been caused to the responding party by the error. As counsel points out in her December 12th letter:
The responding party, which has agreed that it must pay that interest, cannot be prejudiced by learning the actual amount one day late. In fact, the exercise of the Board’s discretion in favour of allowing the late filing will be of benefit to both parties as it will avoid any further litigation to enforce the interest component of the Minutes.
I agree with counsel for the applicant. Therefore, notwithstanding that the Board’s decision dated November 14, 2001 required the applicant to make a request for a further order within 15 days of the date of that decision, I am satisfied to extend the time for making the request to December 6, 2001, the date upon which the request for a further order was made.
- Having regard to the Board’s decision in this matter dated November 14, 2001, and to the request of the applicant dated December 6, 2001, the Board directs the responding party to pay forthwith to the applicant, in addition to the other sums the responding party is required to pay the applicant, the sum of $5,928.49 together with interest calculated under the Courts of Justice Act from this date until the date payment is made.
"Harry Freedman"
for the Board