Ontario Labour Relations Board
2147-01-U Bud Wilson, Applicant v. Teamsters Union Local 880, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; December 24, 2001
1This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (“the Act”) in which the applicant claims that the responding trade union (“the union”) has violated section 74 of the Act.
2The Board issued a decision on November 29, 2001 asking for submissions from the applicant and the employer in response to the union’s contention that the employer is federally regulated.
3The union has filed additional material in support of its contention. The collective agreement between the union and the employer and correspondence between the union and the Director General of the Federal Mediation & Conciliation Service support the union’s contention.
4The employer has not responded. The applicant has advised the Board that he is seeking information which he needs to respond. He has nothing at the moment which challenges the union’s contention.
5From the material received by the Board it appears that the employer is federally regulated and that the applicant’s complaint must be pursued under the Canada Labour Code. There are somewhat strict timelines for the filing of duty of fair representation complaints, such as this appears to be, under the Canada Labour Code, which the applicant should be alert to.
6This application is dismissed because it seems the Board does not have jurisdiction to consider the matter. Should the applicant obtain information which challenges this conclusion he may seek reconsideration of this decision.
“Christopher J. Albertyn”
for the Board