1253-00-U Mike Evoy, Applicant v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 4268, Responding Party.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; August 15, 2000
1This is an application under section 96 of the Labour Relations Act, 1995 (“the Act”) in which it is alleged that the responding party trade union has violated section 74 of the Act (the duty of fair representation).
2The employer has intervened. It asserts that the Ontario Labour Relations Board does not have jurisdiction to consider this complaint because its labour relations are under the federal jurisdiction and “has been for many years”. If the employer is correct, then this application should have been made to the Canada Labour Relations Board.
3If the applicant wishes to proceed with this application, he must, no later than August 28, 2000, advise the Board and the other parties, in writing, why he believes that the Ontario Labour Relations Board has jurisdiction to consider his complaint. If the Board receives no submissions from the applicant, the application will be dismissed. If the Board receives submissions, it will determine whether the application can proceed.
“Brian McLean”
for the Board