Ontario Labour Relations Board
File No.: 3112-99-U Deborah Anne Halfpenny, Applicant v. Canadian Auto Workers Local 4401, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; March 3, 2000
1In response to the decision of this Board dated February 8, 2000, the applicant has filed a page of handwritten submissions. The only particular provided is that her employment was the "position of Marine Porter …on the Shipping Freighters that travels [sic] to various ports on the Great Lakes with cargo." That information is insufficient to enable the Board to determine whether it has jurisdiction to deal with the subject matter of this complaint. If all ports of call are within the Province of Ontario, it is conceivable that this Board may have jurisdiction, see Royal Hydrofoil Cruises (Canada) Ltd., [1980] OLRB Rep. Sept. 1322. The Board does not wish to determine its jurisdiction on the basis of its own guesswork as to how likely this employment relationship is to fall within provincial jurisdiction.
2The responding party is directed to file with the Board and the applicant a statement of all the facts that it says are relevant to a determination of the Board's jurisdiction and any submissions it wishes to make. These submissions are to be filed within 10 working days of the date of this decision. The applicant is directed to respond with any comments she has within 10 working days of receiving the submissions of the responding party. If the applicant does not specifically challenge a factual assertion made by the responding party, she will be deemed to have accepted such fact or facts. The Board will, if possible, make a determination of the jurisdictional issue only on the basis of these written submissions.
3Since it is not clear that the applicant faxed a copy of her letter to the responding party, a copy is attached to this decision. I am seized of this application for the purpose of determining this preliminary issue.
"David A. McKee"
for the Board