Ontario Labour Relations Board
File No.: 1059-00-U Date: September 28, 2000
Between:
Luke Godin, Applicant v. International Association of Machinists, Local Lodge 905, Responding Party v. Messier-Dowty Inc., Intervenor.
Before: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995 (the "Act") alleging that the responding parties have violated section 74.
2In their responses to the application the responding parties request that the application be dismissed for failing to plead facts which could support a determination that section 74 has been violated. The application as originally filed related to the union's decision not to proceed with a grievance with respect to a warning letter. However, on July 12, 2000 the applicant filed further materials which suggest that he has since been terminated. It does not appear that those materials were provided to the other parties as required by the Board's Rules of Procedure. It also does not appear that copies of the tapes which the applicant has sent to the Board have been provided to the other parties. The Board therefore directs the applicant to provide all of those materials to the other parties on or before Tuesday, October 10, 2000. The other parties will have 10 days after receipt of the materials to file any further submissions. They may reiterate their request to have the matter dismissed without a consultation at that time if they wish.
3The union has also asked that the application as against Scott Jackson be dismissed as section 74 only contemplates a violation by a union and cannot apply to an individual. The Board agrees and also notes that it cannot apply to a company. The application as against Mr. Jackson is therefore dismissed and his name will be removed from the style of cause. The application against the responding party employer is also dismissed and it will included in the style of cause as an intervenor.
"Laura Trachuk"
for the Board