3246-00-U John Florek, Applicant v. United Steelworkers of America, Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; October 2, 2001
This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the “Act”) alleging that the responding party (referred to as the “union”) has violated section 74. In the application Mr. Florek indicates that he is seeking to have his grievance proceed to arbitration. The employer, Store Image Programs Inc., was served with the application and therefore had notice that it may be affected by the remedy sought by the applicant. However, it did not file an intervention. Subsequently the parties to the application i.e. the union and the applicant, agreed upon Minutes of Settlement. In those Minutes of Settlement they agreed that the applicant’s grievance no. 2005 would be brought before the membership of the local. They agreed that if the membership voted to proceed with the grievance the union would ask the Board to direct that it proceed to arbitration. The union subsequently did ask the Board to direct it and the employer, Store Image Programs Inc., to proceed with the grievance to arbitration.
Store Image Programs Inc. was given notice of the parties’ settlement, and subsequent request to the Board, and has filed submissions objecting to such a direction. It claims that it is prejudiced by the time that has passed since the grievance was filed. It also claims that the Board does not have jurisdiction to make the orders requested because the union had not conceded that it violated the Act and the Board had not made such a finding. It asks in the alternative, that the Board remain seized to deal with the apportionment of compensation should the grievance proceed to arbitration and be successful.
The Board has considered the materials in the file including the employer’s submissions and has decided to make the orders requested. The union has now acknowledged that it violated section 74 of the Act and the Board can therefore make such a declaration. Furthermore, while some time has passed since the grievance was filed, the applicant filed this application in a timely way after being advised that his grievance was not proceeding. He should not be penalized for any delays which occurred prior to the union’s decision not to proceed with his grievance or which occurred subsequent to this application being filed.
Pursuant to the agreement of the parties and in view of the union’s acknowledgement that it has violated the Act, the Board hereby makes the following declarations and orders:
a) The Board declares that the union has violated section 74 of the Labour Relations Act, 1995.
b) The Board orders the union and Store Image Programs Inc. to proceed to arbitration with respect to grievance no. 2005.
c) The Board orders Store Image Programs Inc. to waive any objections to proceeding with the arbitration of grievance no. 2005 which stem from it being delayed or withdrawn.
- The Board remains seized for the purpose of entertaining representations from the parties with respect to the amount of compensation to be paid by the union, if any, in the event that an arbitration award provides for compensation to be paid to the applicant.
“Laura Trachuk”
for the Board