0638-00-U Simon Amaral, Applicant v. Metropolitan Toronto Civic Employees’ Union, Local 416, Responding Party v. City of Toronto, Intervenor.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; July 5, 2000
The Board is in receipt of a request by the responding party that this application be dismissed without a hearing. There are two grounds for the request: delay and that the application does not disclose a prima facie breach of the Act because the trade union was under no obligation under section 74 to pursue the applicant’s court actions.
On its face, it appears that there is a considerable merit for the responding party’s request.
The applicant is directed to file submissions in response to the responding party’s request with the Board no later than July 14, 2000. Such submissions should include an explanation for the delay in filing this application.
Once the applicant’s submissions are received, the Board will determine whether the application can proceed.
“Brian McLean”
for the Board

