
2005 PSLRB 179
Application for review of decision – Abandonment -- No change in circumstances or new evidence -- Application was merely an attempt to re-argue the merits of the initial application
The applicant had submitted an application for revocation of certification against her bargaining agent, the United Food and Commercial Workers Union, Local 832 (the bargaining agent), which application was dismissed on the ground of timeliness -- the applicant and four other individuals then submitted a written request for review of the decision -- the written request contained arguments in support of the application for review, and a copy was forwarded to the bargaining agent -- the bargaining agent responded and its submissions were forwarded to the applicant with a request that she provide her submissions -- no response was provided despite several attempts, both oral and in writing, to request such submissions from the applicant -- the Public Service Labour Relations Board (the Board) held that the applicants did not wish to pursue the application and were therefore considered to have abandoned it -- furthermore, none of the arguments cited in support of the application for review met the standards previously established under the Public Service Staff Relations Act (the PSSRA) for successful application for reconsideration -- the Board held that the criteria developed under the PSSRA applied to applications for review heard under section 43 of the Public Service Labour Relations Act -- the application for review failed to disclose any change in circumstances, new evidence, or new arguments -- the arguments cited were in fact attempts to re-argue the merits of the initial application for revocation and thus did not meet the criteria for review.
Application dismissed.