3596-00-U Yahya Misri, Applicant v. Hotel Employees Restaurant Employees Union, Local 75, Responding Party v. Movenpick Restaurant, Intervenor.
BEFORE: Laura Trachuk Vice-Chair.
DECISION OF THE BOARD; May 7, 2001
1This is an application under section 96 of the Labour Relations Act, 1995 alleging that the responding party has violated section 74. On April 26, 2001 the parties entered a Memorandum of Agreement in settlement of the complaint. The settlement provides that the applicant’s suspension grievance would be dealt with as soon as possible and that any other grievance filed since January 23, 2001 would also be dealt with. The settlement also provides that the applicant seeks leave of the Board to withdraw the application. The settlement is signed by the applicant, the intervenor and the responding party.
2On May 2, 2001 the Board received correspondence from the applicant advising that he has changed his mind and does not want to withdraw his application. He complains that the Labour Relations Officer who assisted the parties in reaching the settlement spoke to him separately from the responding party and the intervenor. It is common for Labour Relations Officers to speak to parties separately. They are not conducting hearings but attempted to assist the parties to reach a settlement. It is often easier to achieve that result if the parties are separated. Negotiations conducted by Labour Relations Officers are confidential and without prejudice. They may not be relied upon in any subsequent hearing. However, if an agreement is reduced to writing and signed by the parties the document may be relied upon by the parties as a final resolution of the matter. A party may not subsequently change his or her mind.
3This application is therefore withdrawn pursuant to the agreement of the parties.
“Laura Trachuk”
for the Board