3963-99-M; Louis Tejera, Applicant v. United Steelworkers of America Union Local No. 232 and Goodyear Canada Inc., Responding Parties.
3964-99-U Louis Tejera, Applicant v. United Steelworkers America Union Local No. 232, Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; April 5, 2000
Board File No. 3963-99-M is an application regarding employee status under section 81of the Colleges Collective Bargaining Act. Board File No. 3964-99-U is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging that the responding party has violated section 74. The responding parties have requested that the applications be dismissed without processing them further because they fail to disclose any basis for the applications filed and are lacking in sufficient particulars.
The Board has decided that the application under section 81 of the Colleges Collective Bargaining Act. Board File No. 3963-99-M, should be dismissed. The applicant is not employed by a College. Furthermore, a status application under the Labour Relations Act, 1995 is concerned with the question of whether an individual is an employee under the Act or whether he or she exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations. There does not appear to be any question that the applicant does not fall into those categories and no one has denied that he is an employee under the Act.
The Board hereby directs that the applicant file further particulars with respect to the allegations in Board File No. 3964-99-U. It is not clear in the pleadings whether the applicant is claiming that he has asked to return to work and been refused and what, if any, action he has asked the responding party union to take in that regard. From the documents he has filed there does not appear to be a dispute that he remains an employee. It is not possible to ascertain however, what the applicant’s current employment status is and what he thinks it should be. It is therefore not possible for the parties to file a proper response or intervention. The applicant is therefore directed to file full particulars with respect to this complaint as required by the Board’s Rules of Procedure. Those particulars should be provided to the Board and the other parties on or before Wednesday April, 19, 2000. The union and the employer should file their response and intervention within 10 days after delivery of the particulars.
As noted above, the application in Board File No. 3963-99-M is hereby dismissed.
“Laura Trachuk”
for the Board