0728-01-U Estrellita Nery, Applicant v. Teamsters International Union (Local 847), Responding Party.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; July 3, 2001
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) claiming a breach of section 74 of the Act.
It is unclear from the application what precisely the applicant is claiming the Teamsters International Union (Local 847) did in breach of the Act.
The Board draws the applicant’s attention to Rules 26 and 42 of the Board’s Rules of Procedure. While those Rules are outlined below, the applicant’s attention is particularly drawn to Rule 26 (c) and (d), and to Rule 42:
Any application filed with the Board must include the following details:
a) the full name, address, telephone number and facsimile number of the applicant, of a contact person for the applicant, of the responding party and of any other person who may be affected by the application;
b) the sections of the Act or any other act that relate to the application, including the sections that are claimed to have been violated, if any;
c) a detailed description of the orders or remedies requested;
d) a detailed statement of all the material facts on which the applicant relies, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly;
e) a certificate verifying delivery of the application to the responding party or parties.
No person will be allowed to present evidence or make any representations at any hearing or consultation about any material fact relied upon which the Board considers was not set out in the application or response and filed promptly in the way required by these Rules, except with the permission of the Board. If the Board gives such permission, it may do so on such terms as it considers advisable.
Essentially, an applicant ought to set out a detailed statement of all the relevant material facts and ought to make clear, specifically, which conduct is alleged to be unlawful and how it is unlawful (i.e. which section of the Act is said to have been violated and how such violation has occurred). Finally, an applicant ought to indicate very clearly what he or she is seeking to have the Board do or order as a result of the alleged violations.
The applicant is directed to provide the Board (copied to the responding party) with a detailed written statement of the material facts and any documents she will be relying upon in support of this complaint, and the remedies she is seeking, by the close of business on July 12, 2001. If the applicant fails to do so, this application may be dismissed without further notice to the applicant.
The responding party will have ten (10) days from July 12, 2001 to file its response.
“Caroline Rowan”
for the Board