1467-00-U Laura Hubbert, Applicant v. United Steelworkers of America Local 7480, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; August 30, 2000
This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74 of the Act.
By letter to the Board dated August 22, 2000, the responding party asserts that it is unclear from the application how the responding party is alleged to have violated section 74. It seeks an order requiring more particulars from the applicant.
The Board agrees that the application fails to disclose how the responding party is alleged to have violated section 74 of the Act. Rather, it appears to be directed primarily at the conduct of the applicant’s employer.
Section 74 states:
A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
The application does not comply with the Board’s Rules of Procedures that require an applicant to set out all of the material facts relied upon in support of the application.
The applicant is hereby directed to file submissions with the Board (with copies to the responding party and Crane Valves), setting out in detail how the union is alleged to have violated section 74. All of the material facts relied upon by the applicant must be stated, including particulars about who is alleged to have committed the acts complained of, and when these incidents are alleged to have occurred.
These submissions must be received by the Board and parties no later than September 15, 2000, failing which the application will be deemed terminated.
The responding party and Crane Valves shall have until September 29, 2000 to file their response.
The parties should be aware that an application under section 74 may be decided by the Board solely on the basis of the written submissions of the parties, without a hearing or consultation.
“Anthony Brown”
for the Board