Ontario Labour Relations Board
File No.: 2220-00-U Date: August 2, 2001
Between:
Brian Michael Snider, Applicant v. Canadian Auto Workers, Canada, Responding Party v. General Motors of Canada, Intervenor.
Before: Brian McLean, Vice-Chair.
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995 (“the Act”) alleging a violation of section 74 of the Act.
2General Motors and the CAW request that the application be dismissed for failing to disclose a prima facie breach of the Act.
3The applicant has responded to the request. The CAW has replied by letter dated July 27, 2001 to the applicant’s response.
4In my view this application ought to proceed to consultation. The applicant alleges a six year delay in processing a grievance followed by a withdrawal of that grievance with no timely (either before or after) notice to the applicant. These circumstances, if true, suggest that the Board ought not to dismiss the application at this stage.
5The CAW also objects to certain facts which raised in the applicant’s prima facie submissions which are said to be new allegations made out of time. The CAW can raise these objections at the consultation.
6This matter is referred to the Registrar.
“Brian McLean”
for the Board