3083-00-U Carole Caldwell, Michael Hubert, Kristen Phillips et al, Applicant v. National Automobile, Aerospace and Transportation and General Workers Union of Canada (CAW-Canada) and its Local 306, Responding Party v. Molson Canada, Barrie Brewery, Intervenor.
BEFORE: Bram Herlich, Vice-Chair,
DECISION OF THE BOARD; May 7, 2001
[1]. The style of cause is herby amended to reflect the correct name of the responding party: National Automobile, Aerospace and Transportation and General Workers Union of Canada (CAW-Canada) and its Local 306”.
[2]. This is an application alleging violation of section 74 of the Labour Relations Act, 1995 (the “Act”).
[3]. The responding party trade union asks that the application be dismissed:
(a) because it fails to disclose a prima facie violation of the Act;
(b) because the Board ought to exercise its discretion to decline to inquire into the matter any further; or
(c) because of undue delay (it is asserted that the Memorandum of Settlement giving rise to the application was ratified by bargaining unit employees on December 12, 1999; this application was filed on January 23, 2001).
[4]. Before disposing of the union’s motions the Board will afford the applicants the opportunity to respond.
[5]. In particular the applicants may wish to:
(a) respond to the claim that the application fails to disclose a prima facie violation of the Act, and to the assertion that, to the extent any meaningful particulars have been provided, they are restricted to the claim that the applicants did not receive severance pay as part of the Memorandum of Settlement;
(b) indicate which of the facts pleaded by the responding party trade union are agreed and which are disputed. In the absence of any clear indication to the contrary, the Board may accept the facts pleaded by the union as true and provable; and
(c) provide any explanation it may wish with the respect to the apparent delay in filing the application.
[6]. Should the applicants choose to make any of these submissions, they are directed to file them with the Board and deliver them to the other parties within one month of the date of this decision.
[7]. The other parties will have two weeks from the date of receiving any such submissions from the applicants to file and deliver any further response.
[8]. The Board will review the is matter once again after all of the submissions referred to herein have been filed or the time for so doing has passed.
“Bram Herlich”
for the Board