0340-00-U Ross Michener, Applicant v. Canadian Auto Workers, Local 199, Responding Party v. General Motors of Canada Limited, Intervenor.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD: September 25, 2000
1This is a section 74 complaint under the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”).
2The intervenor asserts that the allegations contained in the complaint do not make out a case for a violation of section 74 by the responding party (“the union”), and therefore requests that the Board dismiss the application without a hearing.
3It would appear that the issue in this matter concerns the applicant’s entitlement to severance pay from the intervenor, and the extent to which the union assisted the applicant in asserting a right in that regard.
4The union and the applicant appear to agree that, following the filing of this complaint, the union filed a grievance on the applicant’s behalf. The applicant claims that the grievance should have been filed at a much earlier date, and that as a result, he has been prejudiced and suffered damages.
5While it remains to be seen whether this is a matter that the Board should inquire into (the ultimate resolution of the applicant’s grievance will likely have bearing on that question), the application arguably establishes a prima facie case of a violation of section 74. It is to be listed for a consultation.
6This matter is referred to the Registrar.
“Patrick Kelly”
for the Board