Ontario Labour Relations Board
3121-99-U Lenard Waybrant, Applicant v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 128 and Kel-Gor Ltd., Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; April 6, 2000
1This is an application under section 96 of the Labour Relations Act, 1995 (the "Act") in which the applicant alleges that the responding party trade union (the "union") has violated section 74 of the Act.
2The applicant, a member of the union, is an employee of the responding party employer, KEL-GOR Limited ("KEL-GOR"), which is bound to a collective agreement with the union. On or about October 23, 1999, the applicant was laid off. The applicant claims that the lay off was improper as individuals from another trade union maintained their employment with KEL-GOR and performed work falling within the jurisdiction of the union. The applicant filed a grievance on November 1, 1999. In terms of a remedy, the applicant seeks the Board to order the grievance to proceed to arbitration.
3The union filed a response with the Board on January 28, 2000. In its reply, the union asserts that the subject matter of this application is being addressed through the processing of the grievance dated November 1, 1999. The union advises the Board that the grievance procedures under the collective agreement have not been exhausted. Accordingly, the union argues the application is untimely and should be dismissed.
4Upon considering the materials filed, the Board agrees with the position of the union and finds that the application is premature and is hereby dismissed. The applicant has requested that the Board order its grievance proceed to arbitration. That relief is not available to the applicant at this time as its grievance is still being processed and the grievance procedures under the collective agreement have not been exhausted. Should the applicant be unhappy with the outcome of its grievance and consider that the union's conduct in processing its grievance constitutes a violation of section 74 of the Act, he can file a fresh application.
"John Morgan Lewis"
for the Board