2889-99-U Byron R. Green, Applicant v. Canadian Auto Workers Union Local #222 and C.A.W. National Union, Responding Parties v. General Motors of Canada Limited, Intervenor.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; February 25, 2000
This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging that the responding party (referred to as the "union") has violated section 74.
In the union's response, and in General Motors' intervention, both parties indicate that the applicant's termination grievance has been forwarded to arbitration. They both assert that this application is therefore premature. If there is a pending arbitration of the applicant's termination grievance, it may be well inappropriate to proceed with this application at this time. The Board therefore directs the applicant to file submissions with the Board on or before March 10, 2000 addressing the union's and intervenor's request that the application be dismissed or adjourned pending the grievance arbitration.
In its intervention, the intervenor also claims that the applicant has not pleaded facts which could support his claim that the union has violated the Act. The applicant is directed to respond to that claim in his submissions as well. He should set out clearly what he claims that the union has done or not done which constitutes a violation of the Act. The applicant should provide copies of his submissions to the other parties.
The Board will decide after reviewing the applicant's submissions whether or not to proceed with the application at this time.
"Laura Trachuk"
for the Board