Ontario Labour Relations Board
United Food and Commercial Workers International Union, Local 175, Applicant v. mmmuffins Canada Corporation, Neil Kshatri and Manu Kshatri, Responding Parties.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; April 5, 2000
1This is an application under section 69 and 1(4) of the Labour Relations Act, 1995 (the "Act") which was filed with the Board on March 16, 2000. The application contains a certificate which states that it was served on the responding parties Neil and Manu Kshatri before being filed with the Board as required by the Board's Rules. However, the Board's own materials confirming that the application was filed, were returned because it could not be delivered to one of the responding parties at the address provided by the applicant. The applicant has subsequently advised the Board that it had the wrong address. The certificate of delivery however, indicates that the application was served at that address. The Board cannot therefore ascertain whether the responding party was ever served with the application and if so whether that occurred prior to the application being filed as required by the Rules. The terminal date originally set by the Board has passed. The Board will not process this application any further until it is assured that its Rules have been complied with or until it has been requested to relieve against the strict compliance of those rules and reasons provided as to why it should do so.
2If the Board does not receive any further confirmation from the applicant by Thursday, April 20 that the application was properly served, it will be dismissed.
"Laura Trachuk"
for the Board