3287-00-U Gilles Comtois, Applicant v. Hospitality and Services Trade Union, Local 261, Responding Party v. Cara Operations Limited, Intervenor.
3295-00-OH Gilles Comtois, Applicant v. Hospitality and Services Trade Union, Local 261 and Cara Operations Ltd., Responding Parties.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; May 17, 2001
Board File No. 3287-00-U is an application filed by the applicant, Gilles Comtois (the “applicant”), under section 96 of the Labour Relations Act, 1995 (the “Act”).
Board File No. 3295-00-OH is an application filed by the applicant under section 50 of the Occupational Health and Safety Act (the “OHSA”).
By decision dated April 10, 2001 the Board directed the applicant to file submissions in response to the following preliminary motions raised in Board File No. 3295-00-OH:
a) the responding party, Hospitality and Services Trade Union, Local 261 (the “union”) states that the application should be dismissed as against the union, since the union is neither the applicant’s employer nor a person acting on behalf of the employer;
b) the responding party, Cara Operations Limited (the “employer”), raised a preliminary motion that the application should be dismissed, since no prima facie case is disclosed on the face of the application.
The Board has now received and reviewed the applicant’s response to these preliminary motions. In his response, the applicant clarifies that the allegations made against the union are that it has breached section 74 of the Act. The Board notes that that allegation is already before the Board in another application filed by the applicant under section 96 of the Act in Board File No. 3287-00-U. As the applicant has clarified in his submissions written in response to the Board’s direction that his allegations against the union relate to section 74 of the Act, the Board hereby dismisses the application in Board File No. 3295-00-OH under section 50 of the OHSA as against the union. The applicant’s application against the union in Board File No. 3287-00-U will proceed to consultation in the normal course.
The second preliminary motion raised in Board File No. 3295-00-OH is that the application under section 50 of the OHSA should be dismissed in its entirety for failing to disclose a prima facie case. That application states that the applicant has been dismissed from employment and refers to facts set out in letters included with the application in support of his application. One of the documents appended to the application is a document that outlines various health and safety concerns which concerns the applicant states that he raised with his manager. The applicant then goes on to allege that he was dismissed from employment for having attempted to raise these issues with his manager. Having reviewed the allegations raised in the application and supporting documents, the Board is satisfied that a prima facie case of a violation of section 50 of the OHSA has been made out.
These matters are referred to the Registrar.
“Caroline Rowan”
for the Board