1357-01-U Samia Ibrahim, Applicant v. U.F.C.W., Responding Party v. A&P Food Stores, Intervenor.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; September 6, 2001
1. This is an application filed pursuant to section 96 of the Labour Relations Act, 1995, as amended, (“the Act”) alleging a violation of section 74 of the Act.
2. In its response, the responding party (“the union”) alleges that the grievances which appear to be at the root of the application, and which appear to have been filed recently, have not yet made their way through the grievance procedure described in the collective agreement between the union and the intervenor. Indeed the application itself refers specifically to events throughout the summer of this year, and it has appended to it copies of four grievances, two of which are dated June 23, 2001 and two of which bear a July 28, 2001 date. The union contends that the application is premature, as these grievances continue to move through the grievance procedure. The union also contends that the application fails to disclose a prima facie case of a violation of section 74.
3. The applicant is directed to provide to the Board and the other parties in this matter written submissions setting out why the Board should not decline to inquire into the application because it appears to be prematurely filed. The applicant must provide these submissions on or before September 20, 2001. The Board will then issue a further decision. If the applicant fails to provide the submissions herein directed within the time stipulated, the application will be dismissed without prejudice to the filing of a fresh application at the appropriate time.
4. I decline to consider the union’s prima facie motion in the absence of more detailed submissions setting out how it is that the application allegedly fails to disclose a violation of section 74. In the event it becomes necessary to consider that motion, the Board may direct the filing and delivery of further submissions by the union, and possibly the applicant, in a subsequent decision.
“Patrick Kelly”
for the Board