2721-99-U Ann-Marie Rose, Applicant v. Retail Wholesale Canada, Canadian division of U.S.W.A., Responding Party v. Commercial Bakeries Corp., Intervenor.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; February 29, 2000
1. This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74.
2. The applicant states that she was unjustly terminated by her employer, the intervenor. The application does not specify how the actions by the responding party are alleged to violate section 74. The response filed by the responding party states that it grieved the applicant’s dismissal up to and including a Step 3 meeting, and then decided to withdraw the grievance.
3. The responding party submits, among other things, that the application should be dismissed as not disclosing a prima facie case.
4. The Board has the discretion to dismiss a complaint without a hearing if there are insufficient facts to support the complaint, even assuming all of the applicant’s statements are true.
5. The Board’s Rules of Procedure require that an application must contain a detailed statement of all the material facts relied upon to support the complaint. The instant application merely claims that the applicant was unjustly dismissed. It does not specify how the responding party is alleged to have acted in a manner that was arbitrary, discriminatory or in bad faith.
6. The applicant is directed to file with the Board (with a copy to the responding party (union) and the intervenor (former employer)) a detailed statement of the material facts alleged in support of her complaint against the responding party. Specifically, the applicant must state how the responding party is alleged to have acted in a manner that was arbitrary, discriminatory or in bad faith contrary to section 74. The applicant’s submissions must be received by no later than March 10, 2000, failing which the application will be deemed terminated without further notice.
7. The responding party and intervenor shall have three days (excluding Saturdays, Sundays and Board holidays) in which to reply to the applicant’s submissions, if any.
8. After receiving the submissions within the prescribed time, the Board will consider the matter further, including whether or not the application should be dismissed as not disclosing a prima facie case.
9. This panel of the Board is not seized.
“Anthony Brown”
for the Board