Ontario Labour Relations Board
1078-00-U William Morris, Applicant v. Teamsters Local Union No. 879, Responding Party v. GFS Canada – Finlay Greenwood Division, Intervenor.
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; September 29, 2000
1This is an application filed pursuant to section 96 of the Labour Relations Act, 1995 (the “Act”) in which the applicant claims that the responding party has breached section 74 of the Act.
2The responding party has requested that the Board dismiss this application without a hearing as it alleges that the applicant has failed to establish a prima facie case for a violation of section 74 of the Act.
3In considering whether an applicant has pled a prima facie case the Board reviews the contents of the application without reference to the responses filed. It considers whether, on the face of the application, and assuming that all that is alleged is true and provable, the applicant has made out a case that may lead to a finding of a breach of the Act.
4Having reviewed the application the Board is of the view that the applicant has pled a prima facie case and therefore declines the responding party’s request to dismiss the application at this juncture.
“Gail Misra”
for the Board