Stephen Neil v. Teamsters Union Local 141
File No.: 2144-01-U Date: November 15, 2001
Before: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD
This is an application filed under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging a breach of section 74 of the Act.
By decision dated November 7, 2001 the responding party (“the union”) was directed to file submissions as to its position that the employment relations of the applicant were federally regulated and therefore the Board did not have jurisdiction over this matter. It has done so.
The union states that it was certified by the Canada Labour Relations Board in June of 1997 with a predecessor employer. It states further that the employer who is a party to this application has recognized the union as bargaining agent. A copy of the union’s certificate is attached to these submissions.
It appears from these submissions as though the Board does not have jurisdiction in this matter. In the event that the applicant wishes to dispute this, he shall have ten days from the date of this decision to do so. If no submissions are received this application shall be deemed terminated. If submissions are received from the applicant, the Board will determine how next to proceed.
I remain seized to deal with any submissions received on the jurisdictional issue.
“Marilyn Silverman”
for the Board