Dorothy Bowen v. International Association of Machinists and Autoworkers, Local 2113
File No.: 1410-00-U Date: September 27, 2000 Ontario Labour Relations Board
Between: Dorothy Bowen, Applicant v. International Association of Machinists and Autoworkers, Local 2113, Responding Party v. Visteon Canada Inc., Intervenor.
Before: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD
1The style of cause is hereby amended to reflect the correct name of the responding party: "International Association of Machinists and Autoworkers, Local 2113".
2This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended ("the Act") in which the applicant claims that the responding trade union ("the union") has violated section 74 of the Act. The applicant complains that the union has not been pursuing a grievance she has concerning lost work (and income) opportunity.
3Both the union and the intervening employer have filed submissions. They both contend that the union has pursued the applicant's grievance through the grievance procedure and that the union has now referred it to arbitration. The employer and the union are now in the process of appointing an arbitrator to hear the matter.
4Both the employer and the union contend that the application is premature. If what they allege is correct, that certainly seems to be the case. The applicant is given an opportunity to inform the Board whether what is alleged by the employer and the union is correct. She has until Friday, October 6, 2000 to do so. Should she fail to challenge those allegations they will be deemed to be true.
5I remain seized to deal with the submissions, if any, of the applicant.
"Christopher J. Albertyn" for the Board