Jesus Aleman v. Cott Beverages Canada, a division of Cott Corporation, 2009 HRTO 1488

Human Rights Tribunal of Ontario

B E T W E E N:

Jesus Aleman Applicant

-and-

Cott Beverages Canada, a division of Cott Corporation Respondent

-and-

Teamsters Local Union 938 Intervenor

INTERIM DECISION

Adjudicator: Dale Hewat Date: September 16, 2009 Citation: 2009 HRTO 1488 Indexed as: Aleman v. Cott Beverages Canada

1This is an Application filed June 26, 2009 under section 53(5) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The purpose of this Interim Decision is to address the applicant's request to add the Teamsters Local Union (the "Teamsters") as a party to this Application and to address the respondent's deferral request in the event that mediation is not successful.

3In an earlier Interim Decision, 2009 HRTO 1403, the Teamsters were added as a non-party intervenor in this matter. The Tribunal has received responses from both the intervernor and respondent regarding the applicant's request to add a party. The intervenor's correspondence indicates that it is seeking particulars about the applicant's request.

4Having reviewed the request and the responses, I am not satisfied that there are sufficient grounds to make the Teamsters or any of its business agents a party to this Application. Accordingly, the applicant's request to add a party is denied.

5Both the applicant and respondent have indicated that they are willing to participate in mediation of this matter. The respondent, however, has indicated that failing settlement at mediation, it will seek a deferral pending the resolution of a grievance arbitration related to this matter.

6Before the Tribunal schedules mediation in this matter, the Tribunal directs that the parties provide submissions with respect to this preliminary issue in accordance with the following schedule:

• The respondent shall deliver to the applicant and the intervenor and file with the Tribunal submissions, with evidence and case law, on their request for deferral within 20 days of the date of this Interim Decision.
• The applicant and intervenor shall deliver to the respondent and file with the Tribunal responding submissions within 20 days of receipt of the respondents' submissions, their responses on the request for a deferral, including evidence and case law.
• The respondent shall deliver to the applicant and intervenor and file with the Tribunal reply submissions, if any, within ten days of receiving the applicant's submissions.

7The Tribunal may decide whether to defer on the basis of the written submissions. If oral submissions are required, the Tribunal will contact the parties to set a hearing date.

8I am not seized.