Ontario Labour Relations Board
File No.: 2819-99-U Parties: Dimitri Traikos, Applicant v. Hotel Employees Restaurant Employees Union, Local 75, Responding Party. Before: Marilyn Silverman, Vice-Chair. Date: February 1, 2000
Decision of the Board
1This is an application filed under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging a violation of section 74 of the Act.
2The applicant states that in 1993 he suffered a workplace injury. He contends that although his union representative initially assisted him with his Workplace Safety and Insurance Act (“WSIA”) claim. However he alleges that after approximately a one year period the union refused to continue to do so on the basis of lack of funds.
3The applicant asserts that he ultimately retained counsel and succeeded in his claim in February 1999. The responding union denies that they discontinued representing the applicant in his WSIA claim because of lack of funds and asserts that it was their understanding that he no longer wished to be represented by them in respect of the WSIA claim. They have included in their response a copy of a letter dated July 18, 1996 confirming that understanding.
4Whatever the reason for the fact that the responding union discontinued its representation of the applicant, it is clear that the applicant in his own pleadings indicated that he knew that the union was no longer representing him and hired his own counsel either in July 1996 or October 1995. The present application is therefore at best 3 ½ years old. There is no reasonable explanation put forth for the delay.
5The Board need not inquire into any particular application under section 96 of the act and I have the discretion to dismiss this application should it be appropriate to do so in the circumstances.
6This application is brought well after a reasonable time has elapsed since the applicant knew that the responding union was not representing him in his WSIA claim. The length of the delay is substantial and prejudicial to the responding union.
7Having regard to the circumstances, the Board will not inquire further into this application and it is therefore dismissed.
“Marilyn Silverman”
for the Board