3331-99-U Dennis Howard Klawitter, Applicant v. Canadian Auto Workers Local 222, Responding Party v. Mackie Automotive Systems, Division of Mackie Automotive Systems Corporation of Canada, Intervenor.
BEFORE: Russell Goodfellow, Vice-Chair.
DECISION OF THE BOARD; August 10, 2000
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging a breach of section 74.
The responding party trade union and the intervenor employer have filed a response and an intervention, respectively. Both parties, by separate letters dated June 29 and 30, 2000, have also requested that of the application be dismissed for failing to establish an arguable case of a breach of section 74 or for the orders and remedies requested.
The applicant is hereby directed to reply to these requests, in detail and in writing, on or before August 25, 2000. The reply should:
address the factual statements made in the response and intervention, highlighting any areas of disagreement;
state precisely what the trade union did, or failed to do, and when it did, or failed to do, it that allegedly constitutes a breach of the Act.
The reply must be provided to the responding party and the intervenor on the same day that it is provided to the Board.
Upon receipt of this reply, the Board will determine what further steps will be taken. These may include listing the matter for consultation, dismissing it on the basis of the material already before the Board, or requesting further submissions from any party. In the absence of a reply from the applicant within the time stipulated, the application will be deemed dismissed without further notice to the parties.
Finally, the Board notes that the September 14, 1999 letter of termination referred to at paragraph 5 of the intervention was not included with the intervenor’s
materials. If the intervenor wishes the Board to review the letter, it should be provided forthwith.
“Russell Goodfellow”
for the Board