Teamsters Local Union #230 v. Lafarge Canada Inc.
1584-99-U – Teamsters Local Union #230, Affiliated with the International Brotherhood of Teamsters, Applicant v. Lafarge Canada Inc., Responding Party.
0532-00-U – Lafarge Canada Inc., Applicant v. Teamsters Local Union 230, Affiliated with the International Brotherhood of Teamsters., Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; May 29, 2000
1Board File 1584-99-U is an unfair labour practice complaint filed by the union, Teamster Local Union 230, et al., alleging the employer, Lafarge Canada Inc., has violated the Labour Relations Act. That matter is scheduled for hearing on June 6, 2000. Board File 0532-00-U is a complaint filed by the employer alleging failure to comply by the union with the minutes of settlement. No hearing date has been set for the section 96(7) application. The "minutes of settlement" relate to Board File No. 1584-99-U.
2By letter dated May 24, 2000, counsel for Lafarge submits the section 96(7) application should be dealt with as a discreet matter at the beginning of the hearing scheduled on June 6th, 2000. Counsel further submits if the employer is successful in its 96(7) application there will be no need to proceed with the section 96 application.
3In response counsel for the union takes the position that the union does not object to these two matters being heard together provided the hearing on June 6, 2000 is adjourned to allow adequate time to prepare for the issues raised in the section 96(7) application. The union submits its response to the s.96(7) application is not due until June 1st, 2000 and it would be premature to schedule a hearing on June 6, 2000.
4Counsel for the employer submits the union received the section 96(7) application on May 17, 2000. Counsel submits the time frames in these matters allow ample opportunity to prepare for the issues raised in the section 96(7) application. Counsel for the employer further states that it would appear the main participants in the section 96(7) application are the same as those in the original section 96 application.
5Having reviewed the submissions of the parties and having regard to the fact that the "minutes of settlement" at issue in the 96(7) application relate to the unfair labour practice complaint in Board File 1584-99-U the Board directs that both of these matters are scheduled for hearing on June 6, 2000 and the parties are directed to come prepared to proceed with both matters.
"Inge M. Stamp"
for the Board