2222-01-U John Kingyens and Joe Panepinto, Applicants v. Teamsters Union 938, Responding Party v. Morrow Transport Inc., Intervenor.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; December 4, 2001
1This is an application alleging a violation of section 74 of the Labour Relations Act, 1995, as amended.
2By way of correspondence dated November 19, 2001 the Registrar returned the application to the applicants because the Certificate of Delivery was not properly completed. On November 26, 2001, the applicants re-submitted to the Board the Certificate of Delivery with amendments, but apparently not a new application. The amended Certificate of Delivery indicates that the applicants delivered the application and accompanying forms to the responding party (“the union”) and the employer, Morrow Transport Inc. (“Morrow”) via Priority Post mail on November 6, 2001. Apparently, the applicants did not deliver copies of the amended Certificate of Delivery to the union and Morrow.
3Both the union and Morrow filed responses to the application without the benefit of having a copy of the amended Certificate of Delivery. Their respective counsel have written to the Board requesting clarification as to why the application has been processed notwithstanding that they had not received any materials pursuant to the Registrar’s letter of November 19, 2001 to the applicant.
4The Board directs the applicants to deliver copies of the amended Certificate of Delivery to the other parties and their respective counsel by no later than Thursday, December 6, 2001.
“Patrick Kelly”
for the Board