1989-00-U Linda Davenport, Applicant v. United Steelworkers of America Local 02 District 006, Responding Party v. Bimeda-MTC – Animal Health Inc., Intervenor.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; December 4, 2000
This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74.
The applicant’s employment was terminated by the intervenor on or about September 7, 2000 and the responding party union filed a grievance shortly thereafter. The grievance is scheduled to be heard by an arbitrator in the very near future.
The responding party and the intervenor submit that the application should be dismissed for failure to disclose a prima facie case. The Board may exercise its discretion to dismiss on this basis where it appears that even if all of the material facts asserted by the applicant are assumed to be true, the facts nevertheless do not support the complaint.
Section 74 states as follows:
A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
The application provides information about the applicant’s dealings with her union and her former employer in respect of her termination but does not explain how the union’s conduct can be said to be arbitrary, discriminatory, or in bad faith.
The applicant has until December 15, 2000 to file with the Board (and other parties) a reply to the responding party’s submissions. The reply must provide details as to the material facts relied upon in support of the complaint under section 74. If the Board does not receive reply submissions within that time, the application will be deemed terminated. If the Board does receive reply submissions, the Board will consider whether there is a “prima facie” case and whether the matter should be scheduled for a consultation or hearing.
I remain seized only as to the “prima facie” issue.
The matter is referred to the Registrar.
“Anthony Brown”
for the Board