2739-99-U Frank Toste, Applicant v. UFCW, Local 333 United Food and Commercial Workers Union, Responding Party v. The Town Inn Hotel, Intervenor.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; March 1, 2000
1This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74.
2The application was filed on December 3, 1999. In essence, the applicant’s complaint is about how the responding party handled his grievance following his suspension and dismissal from employment. The applicant alleges that the responding party did not listen to him and favoured another employee’s version of events over his.
3The responding party and the intervenor both state that the applicant’s discharge grievance is scheduled to be heard by an arbitrator in April, 2000. They submit, inter alia, that the application is premature.
4By decision dated January 5, 2000, the Board directed the applicant to file a reply to the response and intervention. No reply has been filed by the applicant.
5The Board has discretion not to hear a complaint filed under section 96. This application is insufficiently pleaded and does not identify what remedy is being sought. The application appears to be premature inasmuch as the applicant’s grievance is still in the grievance arbitration process. The applicant has provided no submissions as to why the application should be heard before the union has had an opportunity to dispose of the matter, whether by withdrawal, settlement, binding arbitration or otherwise.
6Accordingly, the application is hereby dismissed as being insufficiently pleaded and as very likely being premature, without prejudice to the right of the applicant to submit a new application after his grievance is disposed of. Any such application shall be submitted in a timely fashion and in accordance with the Board’s Rules of Procedure. It shall provide a detailed statement of the material facts that the applicant alleges show that the responding party acted in a manner that was arbitrary, discriminatory or in bad faith, contrary to section 74 of the Act.
“Anthony Brown”
for the Board