2147-01-U Bud Wilson, Applicant v. Teamsters Union Local 880, Responding Party.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; November 29, 2001
This is an application under section 96 of the Labour Relations Act, 1995(the “Act”) which alleges a violation of section 74 of the Act.
The trade union has informed the Board that a copy of the application was not delivered to it in accordance with the Board’s Rules of Procedure. Accordingly, the applicant is directed to forthwith deliver a copy of his application to the trade union.
The trade union also asserts that, in any event, the Ontario Labour Relations Board does not have jurisdiction over this complaint because the employer is Federally regulated. Any claim must be made under the Canada Labour Code.
If the employer is a federally regulated undertaking, its labour relations and those of the union fall under the Canada Labour Code. However, the Board cannot determine this issue because it has no evidence before it. Therefore, the parties are directed to file brief submissions and any documents relied in support of its position regarding whether the employer is provincially or Federally regulated. Submissions must be filed (and delivered to all other parties) within three weeks of the date of this decision.
In the meantime the union and employer do not have to reply to the merits of the application.
“Brian McLean”
for the Board