[1990] OLRB Rep. April 429
2732-89-M Doreen Liedeman, Applicant v. Canadian Union of Public Employees, Respondent Trade Union v. Vaughan Public Libraries, Respondent Employer
BEFORE: S. A. Tacon, Vice-Chair, and Board Members M. Rozenbeng and E. G. Theobald.
APPEARANCES: Doreen Liedeman and Mrs. E. Rubino for the applicant; Kent Mitchell and Carol Ball for the respondent trade union; no one appearing for the respondent employer.
DECISION OF THE BOARD; April 24, 1990
This is an application pursuant to section 47 of the Labour Relations Act. It was not disputed that the respondent trade union was certified by the Board in a decision dated December 22, 1989 and, as yet, there was no collective agreement in force between the respondent trade union and the employer, Vaughan Public Libraries.
The Board gave the following oral ruling at the hearing:
The Board has considered the submissions of the parties and finds that the application is premature.
The Board derives its jurisdiction from the Labour Relations Act and its authority is circumscribed by that Act. Section 47(1) states, in part, that the "Board may order that the provisions of a collective agreement of the type mentioned in clause 46(1)(a) do not apply to such employee". Section 47(2) continues, in part, that "subsection (1) applies to employees in the employ of an employer at the time a collective agreement containing a provision of the kind mentioned in subsection (1) is first entered into with that employer and only during the life of such collective agreement". This statutory phrasing requires that there be a collective agreement in place containing the aforementioned clause before the Board has jurisdiction. The Board further notes that the application form itself expressly reiterates that pre-condition.
This is not a mere technicality as the applicant suggests. The Board, as stated, can only act where its governing statute gives it the requisite authority. Further, for sound labour relations policy reasons, the Board has consistently refused to give "hypothetical" or "premature" responses to possible future circumstances.
The Board, thus, dismisses the application at this stage. This dismissal is without prejudice to the applicant's right to refile an application under section 47 when and if a collective agreement is entered into between the employer and the trade union which contains a provision of the sort referred to in section 47.