Giancarlo Cesaroni v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46
1101-00-U Giancarlo Cesaroni, Applicant v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; October 11, 2000
1This is a complaint pursuant to section 96 of the Labour Relations Act, 1995 (the "Act"). The applicant alleges that the responding party (the union) has breached section 75 of the Act. Put simply, the applicant alleges that the union has improperly referred persons, instead of him.
2The applicant filed his application with the Board, but did not include a Certificate of Delivery, indicating that the application and the necessary accompanying material had been delivered to the union, and if so when, as required by Rule 25 of the Board's Rules of Procedure:
- Before, or at the same time as, filing the application with the Board, the applicant must deliver to the responding party (and to any affected party identified in the application):
(a) a completed copy of the application;
(b) any additional material or documents specified in Parts III to VII of the Rules that relate to the particular application being filed;
(c) a blank copy of the form set by the Board for responding to the application;
(d) the appropriate Notice to Responding Party and/or Affected Party set by the Board in respect of the application; and
(e) the appropriate Information Bulletin, if any.
3On July 12, 2000, the applicant was advised by the Registrar that he had not included a Certificate of Delivery, and was told that the application would not be processed until it was supplied.
4To date, the Board has received nothing from the applicant. Rule 39 permits the Board to decline to process an application if it does not comply with the Rules. The applicant has not provided any information to explain the absence of the Certificate of Delivery. It is an important document, because it verifies that the responding party knows about the application and establishes the time-frames within which the union must respond to the application.
5In all of the circumstances the Board declines to process this application and hereby terminates this proceeding. Of course, the applicant may file a proper application in the future and, if it complies with the Rules, the Board will process it.
"Mary Ellen Cummings"
for the Board