Ontario Labour Relations Board
File No.: 1075-00-U Date: November 14, 2000
Between: George Nedelkoff, Applicant v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Responding Party.
Before: David A. McKee, Vice-Chair.
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the "Act") in which the applicant alleges that his bargaining agent has violated the duty of fair referral set out in section 75 of the Act. By decision of the Board differently constituted, the Board directed the applicant to file additional particulars of his complaint on or before October 27, 2000. He has not done so. The responding party has renewed its request that the Board dismiss the application on the basis that it fails to disclose facts which could constitute a violation of the Act. It too has failed to follow the Board's request that it make its submissions in respect of this motion based on the facts in the application.
2The responding party presumably relies on rule 46 which provides:
- Where the Board considers that an application does not make out a case for the orders or remedies requested, even if all of the facts stated in the application are assumed to be true, the Board may dismiss the application without a hearing or consultation. In its decision, the Board will set out its reasons.
3The bald assertions of the application do in fact allege a conclusion, which if it were accepted would constitute a violation of section 75 and would be the basis for some of the relief sought. The applicant alleges that he has been deprived of work opportunities deliberately in an attempt to force him to quit the union or to pay bribes to unnamed officers of the union in order to obtain a referral to employment.
4However, it is not enough to allege a bald conclusion of this sort. It is necessary for the applicant to plead the specific facts which he says should lead the Board to come to the same conclusion that he has. Is there a system of referral of members to employment? If so, what are the rules? If the applicant asserts that the rules have been violated, how, when and by whom? Is it possible to obtain employment outside of the union's hiring hall? What facts does he rely on to base his conclusion about the motive for certain people to deny him referrals to employment? The suggestion that someone is searching for a bribe is a very serious allegation. The Board will not begin to hear a case where an allegation of that gravity is made until the applicant identifies the persons who he says sought the bribes, how they did so, what they said or did that led the applicant to that conclusion.
5The applicant has failed to provide the particulars as required by the Board. It would be unfair to the responding party to permit the application to proceed in circumstances where the responding party cannot possibly prepare to meet the allegations made about it.
6Accordingly, this application is dismissed without prejudice to the right of the applicant to file a properly pleaded application.
"David A. McKee"
for the Board