[1993] OLRB Rep. June 522
1083-93-U Leo M. Labatt, Applicant v. Employee of Sunnybrook Health Science Centre, Responding Party
BEFORE: R. 0. MacDowell, Alternate Chair, and Board Members J. A. Ronson and E. G. Theobald.
DECISION OF THE BOARD; June 30, 1993
1. This is an application under section 91 of the Labour Relations Act. The applicant, Leo M. Labatt, contends that some unknown individual (but presumably a fellow employee) has contravened the Act by putting a pair of black lace women's panties in his mail bank. In Mr. Labatt's submission, the incident is not a joke.
2. Unlike some tribunals, the Labour Relations Board is not an investigatory agency. Like a Court, the Board adjudicates cases that the parties choose to bring before it. The Board has no mandate to gather evidence, nor is it able to proceed against "unknown persons". More fundamentally, though, it is not evident that, even if true, the circumstances establish a breach of the Labour Relations Act. There is no indication that, at the time the incident occurred, Mr. Labatt was exercising rights under the Labour Relations Act or engaged in activity protected by the Labour Relations Act. Thus, even if the culprit could be identified, and even if the allegations are true, the facts do not make out a case for a breach of the Act.
3. For the foregoing reasons, this complaint is dismissed.