Ontario Labour Relations Board
2016-00-U Louis Lauzon, Applicant v. United Steelworkers of America, Local 2020, and Falconbridge Limited Responding Parties.
BEFORE: Timothy W. Sargeant, Vice-Chair.
DECISION OF THE BOARD; December 11, 2000
1This is an application that the responding parties have breached section 74 of the Labour Relations Act, 1995 (the “Act”).
2The responding party, the United Steelworkers of America has submitted that this application should be dismissed without a hearing:
(a) on the basis of undue delay; and
(b) on the basis that it fails to make out a case for the orders or remedies requested.
3In considering a motion to dismiss on a prima facie basis the Board has stated: “The Board’s direction to dismiss a complaint on the grounds that it does not disclose a prima facie case should only be exercised in the clearest of cases, that is when the Board is satisfied that there is no reasonable likelihood that a violation of the Act can be established on the facts as alleged” (see J. Paiva Foods Ltd. [1985] OLRB Rep. May 690). In making a determination concerning a prima facie motion, the Board must rely on the pleadings of the applicant and assume that such pleadings are factual. In this instance the application, at the very least requires an explanation from the responding party. As such the Board is not prepared to dismiss this application on a prima facie basis.
4In regards to the motion to dismiss on the basis of undue delay, while the Board has some concerns after considering the pleadings, the Board feels at a minimum, further evidence should be heard on this issue.
5The Board would note that a complaint alleging a breach of section 74 of the Act can not be made against an employer.
6In all the circumstances the Board directs this matter to the Registrar to schedule a D.F.R. consultation hearing in the normal course.
“Timothy W. Sargeant”
for the Board