2200-00-U Wendy Ho, Applicant v. Ontario Nurses Association, Responding Party v. St. Joseph’s Health Centre, Intervenor.
BEFORE: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD; August 9, 2001.
The applicant has filed a request for reconsideration in relation to the Board’s decision of June 29, 2001 in this matter.
The Board’s approach to such requests is well-known and well-established in the labour relations community. Such a request is not an opportunity for an applicant to simply re-argue a case which was not successful in the first instance.
The Board does not normally entertain such requests unless the party making it intends to rely on new evidence which would not previously have been available by the exercise of due diligence. Even when such evidence might be proffered, the Board is unlikely to entertain the request unless such evidence is likely to be determinative of a substantial difference to the outcome of the case (see K-Mart Canada Limited (Peterborough), [1981] O.L.R.B. Rep. Feb. 185 and Canadian Union of General Employees, [1975] O.L.R.B. Rep. April 320).
In the present request the applicant has not provided any new information which she did not already or could not already (in the two opportunities she was provided) have placed before the Board.
The applicant is clearly unhappy with the Board’s decision, but there is simply nothing in her recent request which would lead the Board to reconsider that decision.
The request for reconsideration is dismissed.
“Bram Herlich”
for the Board