3425-00-U Milly Iacoviello, Applicant v. AT & T Canada, Responding Party.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; May 24, 2001
This is an application filed under section 96 of the Labour Relations Act, 1995 (the “Act”).
In its response to the application, the responding party asserts that the Board lacks jurisdiction over the subject matter of this application since the labour relations of the responding party are federally regulated and is accordingly subject to the Canada Labour Code and not the Act. The responding party also asserts that the facts pleaded in the application do not, in any event, disclose a breach of the Act.
Based on the information provided by the responding party, it appears that the Board lacks jurisdiction over the subject matter of this application on the ground that the responding party is federally regulated. In the event that the applicant disagrees and asserts that the responding party is, in fact, provincially regulated, the Board directs the applicant to provide a detailed statement of all material facts on which he relies in support of that position within five (5) days from the date of this decision, and to identify therein which sections of the Act he claims that the responding party has violated.
In the event that no submissions are received by that date, this application will be deemed to be dismissed.
“Caroline Rowan”
for the Board