1055-99-U Janusz Szkup, Applicant v. United Steelworkers of America, Responding Party.
BEFORE: Timothy W Sargeant, Vice-Chair.
DECISION OF THE BOARD; September 14, 2000
This is an application brought pursuant to section 96 of the Labour Relations Act, 1995 (the “Act”) alleging that the responding party has breached section 74 of the Act.
The applicant was terminated from his employment on August 16, 1996. The applicant is concerned that he did not receive appropriate severance pay and alleges that “my union failed to represent me in a dispute with my employment regarding severance pay”. The applicant further alleges “my union failed to take my grievance concerning severance pay and to proceed with union procedures”.
Without reviewing the pleadings in detail it is evident that the union has been representing the applicant. In fact it appears that Minutes of Settlement were reached and the applicant reinstated to employment. The applicant now alleges this agreement has not been honoured by the employer. From a review of the file it is the Board’s understanding that a grievance has now been filed on behalf of the applicant and proceeding to arbitration on this later issue.
Based on this understanding, the Board sees no useful labour relations purpose in continuing with this application. The Board has a discretion under section 96 as to whether to consider an application and as to whether it proceeds to hearing. The Act specifically relieves the Board of the requirement to hold a hearing where it is alleged that section 74 of the Act has been breached.
Given that a grievance has been filed and is proceeding to arbitration the Board sees little useful purpose in putting the parties to significant time and expense that would be incurred through a hearing. In the circumstances the Board exercises its discretion and dismisses this application.
“Timothy W. Sargeant”
for the Board