Ontario Labour Relations Board

0401-00-U Barbara Horn, Applicant v. United Steelworkers of America, Local 260, Responding Party v. Consumers Packaging Inc., Intervenor.

BEFORE: Bram Herlich, Vice-Chair.

DECISION OF THE BOARD; May 30, 2000

1. This is an application filed pursuant to section 96 of the Labour Relations Act, 1995 (the “Act”) alleging that the responding party trade union (the “union”) has violated section 74 of the Act.

2. The union and the intervenor (the “employer”) have filed detailed responses seeking to have the matter dismissed on a number of different grounds.

3. The applicant filed a similar application (Board File No. 2590-99-U) which was dismissed by this Board (differently constituted) in a decision dated February 9, 2000. A request for reconsideration was also dismissed by a subsequent decision dated April 3, 2000. The instant application was filed on May 2, 2000.

4. Although the remedy being sought in the instant application is different from that in the prior one, it would appear that the facts relied upon and the theory of legal liability are virtually identical to those of the prior application.

5. It thus appears that this application is little more than an effort to file a fresh application in relation to a complaint which has already been dealt with and disposed of by the Board.

6. The applicant has 2 weeks from the date hereof to advise the Board why it should not dismiss the application on those grounds (or any other grounds advanced by the responding parties).

7. Copies of any submissions the applicant wishes to file with the Board are to be delivered to the responding parties at the same time as they are filed with the Board.

“Bram Herlich”

for the Board