Ontario Labour Relations Board
4017-98-U Susan Bisson, Deborah Nephin, Mary Drewitt, Elizabeth Ann Miller, and Galea Jean Lunn, Applicants v. Service Employees International Union, Local 220, Responding Party v. Kettle Creek Gardens, Intervenor.
BEFORE: Gail Misra, Vice-Chair
DECISION OF THE BOARD; March 27, 2000
This is an application filed pursuant to section 96 of the Labour Relations Act, 1995 (the “Act”), claiming breaches of sections 74 and 76 of the Act.
The style of cause is amended to reflect the correct name of the responding party: “Service Employees International Union, Local 220”.
This matter was scheduled for a consultation/hearing on March 22, 2000. However, it did not proceed as the parties agreed to adjourn to another date. Nonetheless, I had reviewed the file in preparation for the hearing and had noted that the union had made requests that the application be dismissed for want of a prima facie case, and because the allegations made are untimely having been made four years after they first arose. Prior to this matter being rescheduled for hearing, the Board is of the view that these requests should be addressed.
The vast majority of the application addresses concerns which arose between March 1995 and February 1998. This application was not filed until February 25, 1999. There is no explanation in the application for why the applicants took from one and four years to raise their concerns with the Board. Prior to the Board considering whether to dismiss this application for its untimeliness the applicants should be given the opportunity to explain why they waited so long before complaining.
The applicants are directed to provide the Board and the other parties with their submissions regarding why there has been such delay in bringing their complaints to the Board. Such submissions are to be made within 10 days of the date of this decision, with copies provided to the other parties. The Board will then consider this matter further. At that juncture the Board will also consider the prima facie motion.
I remain seized of this application at this time.
“Gail Misra”
for the Board