Jan E. Simon Cieslak v. CAW Local 222
File No.: 2758-99-U Date: February 7, 2000
Applicant: Jan E. Simon Cieslak Responding Party: CAW Local 222 Intervenor: General Motors of Canada Limited
Before: Christopher J. Albertyn, Vice-Chair
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995 (“the Act”) alleging a violation of section 74 of the Act by the responding trade union (“the union”).
2The applicant alleges that the union failed to pursue his sexual harassment complaint. His blue binder was switched with a white binder and some extracts from the Toronto Sun newspaper during September 1999 were placed in the white binder. He alleges the union has not pursued the matter sufficiently.
3The union and the employer contend that the application does not disclose a prima facie case.
4The union and the employer provide an explanation of the investigation and other action they took when the applicant complained to them. However, for the purpose of the Board’s consideration of the prima facie merits of the application, that explanation cannot be taken into account.
5It appears from the application that the applicant has referred his complaint to the Human Rights Commission. That is the proper forum for the matter to be considered. No useful purpose would be served by having the Board consider the same matter as well. The Board therefore declines to inquire further into the matter. The application is dismissed.
“Christopher J. Albertyn”
for the Board