Ontario Labour Relations Board
2202-99-U Henri Mayer, Applicant v. I.W.A. Canada , Local 2693, Responding Party.
BEFORE: Inge M. Stamp, Vice‑Chair
DECISION OF THE BOARD; February 9, 2000
1This is an application under section 74 of the Labour Relations Act, 1995 (the “Act”). The applicant alleges I.W.A. Canada, Local 2693 has violated section 74 of the Act.
2Section 74 of the Act provides as follows:
- A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
3The remedy requested by the applicant is the payment of $3,047.26 as his share of a settlement of a grievance.
4The responding party, Local 2693, asserts the applicant was not one of the grievors covered by the grievance that resulted in the settlement and the payment of a lump sum to the union. The trade union submits that the applicant is not entitled to any compensation as he was not one of the grievors covered by the September 10, 1998 grievance. The trade union submits the facts alleged do not disclose a prima facie case that the union violated s. 74 of the Act and asks the Board to dismiss the application without a hearing pursuant to Rule 24, (now Rule 46).
5Rule 46 of the Board’s Rules of Procedure provides:
- Where the Board considers that an application does not make out a case for the orders or remedies requested, even if all of the facts stated in the application are assumed to be true, the Board may dismiss the application without a hearing or consultation. In its decision, the Board will set out its reasons.
6Before the Board will decide on how to proceed in this matter the applicant is directed to make submissions with respect to the trade union’s response. In particular the applicant’s attention is directed to paragraphs 4, 7, 17, 19, 20, 21, 23, 24, 26, 27, 28, 29, 30, and 32 of Schedule “A” of the trade union’s response. The applicant is directed to send his submissions to the other parties and the Board by March 1st, 2000.
7I remain seized for the purpose of dealing with this issue.
“Inge M. Stamp”
for the Board