Ontario Labour Relations Board
File No.: 2112-01-U Date: December 6, 2001
Between: Tim O’Donnell, Applicant v. United Food and Commercial Workers International Union, Local 175, Responding Party.
Before: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD
1The style of cause is hereby amended to reflect the correct name of the responding party “United Food and Commercial Workers International Union, Local 175”.
2This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging that the responding party (referred to as the “union”) has violated section 74. The applicant complains that the union has violated section 74 of the Act by not proceeding with a grievance relating to his seniority. He claims, essentially, that his seniority with his prior employer should have been recognized when he commenced employment with Canadian Waste Services Inc. Canadian Waste Services Inc. purchased part of the applicant’s former employer and hired a number of its employees including the applicant. The union has asked the Board not to inquire further into this application as the applicant has failed to plead facts upon which the Board could find there has been a violation of the Act.
3The Board has recently considered a request similar to the union’s in Sabo et. al. v. CAW Local 4268 and Canadian Waste Services, Board File No. 0673-01-U, decision dated November 27, 2001. In that decision the Board notes, among other things, that a trade union has no obligation to agree to dove-tail the seniority of new members of its bargaining unit in circumstances such as these. The Board is enclosing a copy of that decision with this one.
4The applicant is directed to file submissions in response to the union’s request that the Board not inquire further into this application. The applicant should include with its submissions, a response to the facts alleged by the union and should indicate those facts, if any, with which he disagrees.
5The applicant’s submissions should be filed with the Board on or before December 21, 2001. A copy of the submissions should be provided to the applicant. The Board will decide after reviewing the applicant’s submissions whether it will proceed to hold a consultation with respect to this matter or whether it will exercise its discretion not to inquire further into this application.
“Laura Trachuk”
for the Board