Ontario Labour Relations Board
1253-00-U Mike Evoy, Applicant v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 4268, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; August 31, 2000
1This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74.
2The employer Meyers Transport informed the Board by letter dated July 31, 2000 that it is “federally-regulated”. Unfortunately, it did not provide documentation in respect of its bargaining relationship with the responding party to show that its labour relations are conducted under federal jurisdiction. The responding party has not filed a response.
3By decision dated August 15, 2000 the Board directed the applicant to inform the Board as to why he believes the Board has jurisdiction to consider his complaint, failing which the application would be dismissed. The applicant has not responded within the time prescribed by the Board.
4The Board has decided to defer any decision as to whether to dismiss the application until it has sufficient information to enable it to determine whether or not it has jurisdiction. This information, if any, is within the knowledge of the responding party and employer. Therefore, the employer and the responding party are directed to provide the Board with information in their control or possession that may shed light on whether or not their collective bargaining relationship is within federal jurisdiction.
5The responding party and employer have ten days from the date of this decision to comply with the Board’s direction. If after receiving the said information, the Board decides that it does have jurisdiction, then the responding party and employer will be provided with an appropriate extension of time in which to file a response on the merits. If the Board decides that it does not have jurisdiction, the application will be dismissed.
“Anthony Brown”
for the Board