George Nedelkoff v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America
File No.: 1075-00-U Before: Russell Goodfellow, Vice-Chair Date: October 12, 2000
DECISION OF THE BOARD
1The style of cause is hereby amended to reflect the correct name of the responding party: "Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America".
2The Board is in receipt of an application under section 75 of the Labour Relations Act, 1995 (the "Act") and a response to that application.
3Section 75 of the Act states:
- Where, pursuant to a collective agreement, a trade union is engaged in the selection, referral, assignment, designation or scheduling of persons to employment, it shall not act in a manner that is arbitrary, discriminatory or in bad faith.
4The response to the application requests, among other things, that the application be dismissed for failing to plead an arguable case of a breach of the Act. It also requests particulars of the conduct alleged to constitute the breach.
5Rule 26 of the Board's Rules of Procedure applies to applications of this kind. Rule 26 states:
- Any application filed with the Board must include the following details:
a) the full name, address, telephone number and facsimile number of the applicant, of a contact person for the applicant, of the responding party and of any other person who may be affected by the application;
b) the sections of the Act or any other act that relate to the application, including the sections that are claimed to have been violated, if any;
c) a detailed description of the orders or remedies requested;
d) a detailed statement of all the material facts on which the applicant relies, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly;
e) a certificate verifying delivery of the application to the responding party or parties.
6The applicant is directed to comply with the responding party's request for particulars and Rule 26 by October 27, 2000. Upon receipt of that additional information, the responding party may renew its request for dismissal of the application but, if it wishes to do so, it must provide the basis for its position with reference to the facts as pleaded. At the same time, it must provide its response. Such material will be due from the responding party by November 10, 2000. In the event that neither party complies with these directions, the Board will make whatever decisions it deems appropriate. This may include dismissing or granting the application on the basis of the material before it.
"Russell Goodfellow"
for the Board