Court File and Parties
File No.: 2247-00-U Date: November 20, 2000
Duane Masterson, Applicant v. United Steelworkers of America, Local 9392, Responding Party.
Before: Marilyn Silverman, Vice-Chair.
Decision of the Board
1This is an application filed pursuant to section 96 of the Labour Relations Act, 1995 (the “Act”) claiming a violation of section 74 of the Act.
2The responding party (the “union”) has filed a response in which it requests that the Board dismiss this application without a hearing as the applicant did not plead any facts or particulars in support of his claim that the union failed him in its duty of fair representation.
3The application and requisite copies thereof received at the Board have attached four handwritten pages of particulars upon which the applicant is relying in this application. It appears that the applicant inadvertently failed to send copies of those pages to the responding party. Given the stage of this proceeding the Board is prepared to exercise its discretion in order to ensure that the responding party has all of the documentation that was provided to the Board with the application, and has a fair opportunity to respond to the application.
4The Board will send a copy of the handwritten notes appended to the application to the responding party and to any other interested party. Further, the Board extends the time for filing a response to 12 days from the date of this decision.
5This panel is not seized.
“Marilyn Silverman”
for the Board