1148-00-U Frieda (Kathy) Forbes, Applicant v. CAW/TCA Canada, Responding Party.
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; August 25, 2000
This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended ('the Act') in which the applicant claims that the responding trade union ('the union') has violated section 74 of the Act.
The employer asserted that the workplace is governed by federal law and that the complaint should properly be brought before the Canada Industrial Relations Board.
By decision dated August 9, 2000 the Board (differently constituted) directed the applicant to file submissions as to this jurisdictional issue.
By letter dated August 17, 2000 the applicant asserts that she did not get the correspondence from the employer asserting the jurisdictional issue and further that the issue needs more clarification. She states that this is not a provincial case as it deals with labour relations.
The Board’s Rules provide that parties distribute correspondence to all other parties. However, the Board’s decision of August 9, 2000 did state the employer’s position such that the applicant could respond to it. Her response does not in its content provide the Board with any material or documentation to dispute the employer’s position.
This application is therefore dismissed.
“Marilyn Silverman”
for the Board