3672-99-U Clara Hamilton, Applicant v. United Steelworkers of America, United Steelworkers of America, Local 13328, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; May 30, 2000
1This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74.
2The responding party submits, inter alia, that the application should be dismissed because of undue delay in commencing the matter before the Board. It further states that the delay is prejudicial to its ability to respond fully to the allegations.
3The central events in this matter occurred in 1993 and 1994, leading up to a denial of long term disability benefits by Sun Life in July, 1995. In paragraph 6(q) of Appendix A to the application, the applicant contends that the delay is not prejudicial to the responding party and that the responding party is “estopped”.
4The Board directs the applicant to reply to the responding party’s submission in respect of undue delay, by no later than June 9, 2000. To the extent possible, it should state why it considers that the responding party is not substantially prejudiced by the delay. It should also provide details as to its “estoppel” argument.
5The responding party and intervenor shall have until June 15, 2000 to file a reply to the applicant’s submissions on the delay issue, after which date the Board will consider the matter further. The parties should be aware that the Board may dispose of the application without a hearing or consultation.
6A copy of each party’s submissions shall be provided to the other party at the same time that the submissions are filed with the Board.
7I am seized only as to this preliminary matter.
“Anthony Brown”
for the Board