3358-00-U Yodit Tesema, Applicant v. Universal Workers Union, L.I.U.N.A. Local 183, Responding Party v. APCOA / Standard Parking of Canada Ltd., Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; September 25, 2001
This is an application filed under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging a breach of section 74 of the Act. A consultation in this matter is scheduled for September 28, 2001.
The applicant requests an adjournment of the matter as she has recently terminated the services of her counsel. She explains her reasons for terminating her former counsel’s services in a letter dated September 17, 2001. She seeks an adjournment in order to retain and instruct new counsel. She claims to have insufficient time for that to occur before the scheduled consultation date.
The responding party (the “union”) and the intervenor (the “intervenor”) both object to the adjournment on the basis that the application is and has been unduly delayed. On September 17, 2001, the applicant’s then solicitor filed additional submissions on the applicant’s behalf. By letter dated September 22, 2001, the applicant’s now former solicitor confirms that he no longer acts for the applicant.
Both the union and the employer request that in the event that the adjournment is granted they be provided with a time limit to respond to the applicant’s September 17, 2001 submissions.
Clearly there is some prejudice to the other parties by any delay in the resolution of this matter however most prejudice for the delay is suffered by the applicant it being she who is seeking relief. Having regard to the applicant’s stated concerns and the circumstances of this application, the Board is prepared to grant the adjournment.
Having regard also to the requests of the other parties, new dates shall be set in consultation with counsel for the employer and the union. In addition, those parties shall have until October 26, 2001 to provide responses, if any, to the applicant’s September 17, 2001 submissions.
The consultation date set for September 28, 2001 is hereby adjourned and the matter is referred to the Registrar to schedule a new date in consultation with counsel for the employer and the union.
“Marilyn Silverman”
for the Board