Ontario Labour Relations Board
File No.: 3102-99-U Date: June 20, 2000
Mark Sernasie, Applicant v. United Steelworkers of America Local 455, Responding Party v. Gencorp Canada Inc., Intervenor.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD
1This application concerns an allegation by the applicant that the responding party has failed to pursue the intervenor in order to enforce the terms of an arbitration award. By endorsement dated May 18, 2000, the Board directed the applicant to respond to the responding party’s assertion that his complaint is being dealt with by the responding party by means of a referral back to an arbitrator, Susan Tacon and that the matter is therefore moot. By letter to the Board dated May 31, 2000, the responding party advises that the issue of implementing the arbitration award has now recommenced before arbitrator Susan Tacon. The responding party again asks that the matter be dismissed.
2The applicant did not file submissions with the Board by May 31, 2000, as directed. It appears from the responding party’s submissions that it has in fact done what the applicant wants it to do, namely pursue the intervenor in respect of Ms. Tacon’s award. Under the circumstances, the Board has decided that there is little purpose in proceeding to hear an application that is essentially “moot”.
3The application is dismissed.
“Anthony Brown”
for the Board