1091-00-U Armando DaSilva, Applicant v. United Steelworkers of America, Local 6448, Responding Party.
BEFORE: M. A. Nairn, Vice-Chair.
DECISION OF THE BOARD; September 13, 2000
1This is an application brought pursuant to section 74 of the Labour Relations Act, 1995 (the “Act”).
2The responding trade union has received a copy of the application and has written to the Board by letters dated July 24 and September 12, 2000, requesting that the application be reviewed and dismissed for failing to set out a prima facie case.
3In order for an application to proceed it must set out the material facts on which the applicant relies to support his assertion that the Act has been violated. Further, it must be clear what remedy the applicant is seeking should the responding trade union be found to have acted in violation of the Act. In reviewing an application for a prima facie case, the Board assumes, for purposes of the motion, that the facts set out in the application are true and provable, and asks whether such facts could arguably establish a violation of the Act.
4In this application, the only material fact pleaded is that the applicant was laid-off from employment. There is no assertion that the trade union somehow acted improperly in respect of that lay-off or failed to properly pursue a grievance in respect of that lay-off. There is also no remedy requested. The mere fact that the applicant has been laid-off, even if accepted as true and provable, would in no way establish that the trade union had somehow acted in a manner that was arbitrary, discriminatory, or in bad faith in its representation of the applicant. That is the standard set by section 74 of the Act.
5Having regard to the application as filed, I find that there is no prima facie case established. The application is therefore dismissed. This is without prejudice to the applicant’s right to file a new application in a timely fashion, setting out all material facts to assert that the trade union somehow acted improperly and setting out the remedy requested.
“M. A. Nairn”
for the Board