Ontario Labour Relations Board
File No.: 3627-99-U Michael Ayotte, Applicant v. Communications Energy and Paperworkers Union of Canada, Local 599 and Canadian General Electric of Canada Ltd., Responding Party.
Before: Bram Herlich, Vice-Chair.
Decision of the Board: April 11, 2000
Decision
This is an application filed pursuant to the Labour Relations Act, 1995 (the "Act") wherein it is alleged that the responding party (the "union") has violated section 74 of the Act.
The complaint arises out of the applicant's layoff in March of 1998. It was filed in March of 2000. It is alleged that the union never processed the grievance(s) challenging that layoff.
The union asks that the complaint be dismissed without a hearing. It relies on several grounds for the dismissal it seeks.
First, it is asserted that the applicant, on or about June 16, 1998 signed an agreement terminating his employment (and providing him with severance monies). Second, the union asserts that to the extent any collective agreement rights may have been violated, they are the terms of an agreement involving a different bargaining agent and bargaining unit. Finally, it is asserted that there has been undue delay in the filing of this application. On the basis of any or all of those submissions, the union asks that the application be dismissed without a hearing.
Before finally considering the union's motion, the Board will provide the applicant with an opportunity to respond to the union's request.
The applicant may file its submissions in response to the union's motion not later than May 15, 2000. These submissions are to be delivered to the union at the same time as they are filed with the Board.
The applicant is directed to identify which facts set out in the union's response are agreed and which are disputed. In the absence of any clear indication of dispute, the Board may accept facts pleaded by the union as true. Further, and in particular, the applicant is hereby specifically directed to make submissions as to the following:
(a) whether or not he signed an agreement regarding his severance from employment and receipt of severance monies;
(b) what provision of what collective agreement is asserted to have been violated; and
(c) why there has been a significant delay in filing the instant application.
- The Board will review this matter once again after these submissions have been received or the time for their filing has passed.
"Bram Herlich"
for the Board