3302-99-U Giuseppe (“Joe”) Cucullo, Applicant v. Service Employees International Union, Local 204, Responding Party v. University Health Network Princess Margaret Hospital, Intervenor.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 26, 2000
1This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging violations of section 74 of the Act by the responding trade union (the “union”).
2Both the responding party and the intervenor submit that the application should be dismissed on the grounds of undue delay in making this application. The union further asserts that the application does not make out a prima facie violation of section 74 of the Act and should be dismissed for this reason as well.
3Having reviewed the extensive pleadings made by the applicant the Board is not prepared to make any findings with respect to the preliminary issues of delay and whether there is a prima facie violation of section 74 of the Act without a consultation/hearing.
4The Board notes that the pleadings allege certain undertakings given by representatives of the union to the applicant which appear to have been made after the two year period since the last communication between the applicant and the responding party.
5This matter is referred to the Registrar.
“Inge M. Stamp”
for the Board