[1991] OLRB Rep. August 1016
0559-91-U Energy and Chemical Workers Union, Complainant v. United Food and Commercial Workers International Union, Locals 175/633, Respondent v. John Clark, Grievor
BEFORE: N. B. Satterfield, Vice-Chair, and Board Members J. A. Ronson and E. G. Theobald.
APPEARANCES: No one appeared for the applicant; Jim Crockett and Bud Adam for the respondent; John Clark for the grievor.
DECISION OF THE BOARD; July 29, 1991
This application was made under section 89 of the Labour Relations Act alleging that the respondent had dealt with grievor John Clark contrary to the provisions of sections 66(a) and (c), 70, 79(2) and 80 of the Act. It was scheduled to be heard by the Board on July 29, 1991. Prior to that date, the grievor wrote to the Board and asked that his name be substituted for that of the United Energy and Chemical Workers Union as the complainant.
At 9:30 a.m. on Monday, July 29, 1991, the time and date set for the hearing, the complainant was not present or represented. That was still the situation when the Board convened the hearing at 10:35 a.m. Mr. Clark reiterated the request which he had expressed in writing before the hearing. The respondent objected to the substitution. Absent consent for the substitution of John Clark as complainant the Board denied the grievor's request to be substituted for the Energy and Chemical Workers as the complainant.
Furthermore, in the absence of the complainant to prosecute its complaint, the Board dismissed the complaint.