0926-01-U Jennifer Hall, Applicant v. International Association of Machinists and Aerospace Workers, Lodge 2792, Responding Party v. DDM Plastics Inc., Intervenor.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; August 29, 2001
This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the “Act”) alleging a violation of section 74. The responding party (referred to as the “union”) and the intervenor ask the Board to exercise its discretion not to proceed with this matter. They claim that the applicant has not pleaded facts upon which the Board could find that the union violated the Act. They also ask that the Board not inquire further into this matter as the applicant is not seeking any remedy from the union which she has not already achieved. The Board sought and received submissions from the applicant in response to the union’s and the intervenor’s request.
After considering the materials filed, the Board has decided to exercise its discretion not to proceed with this matter. It appears that the applicant has been dismissed from her employment because her disability benefits were terminated and she did not return to work or provide medical documentation that her employer considered satisfactory. She has disputes with her employer and the insurance company arising from their actions. It appears that in filing this application, the applicant was seeking to have the union file a grievance on her behalf with respect to those disputes. The union has now filed two grievances. In response to the Board’s request that the applicant explain what remedy she is now seeking against the union she indicates that she is seeking reinstatement of her benefits and employment with the intervenor. However, those are not remedies that she can achieve through this application against the union. They are remedies which may be achieved through the grievances that the union has filed on her behalf. Therefore, there is no remedy that the applicant can achieve through this application to resolve the real issues she has at this time i.e. to have her benefits and employment reinstated. The Board will therefore not inquire further with respect to this application.
This decision is without prejudice to the applicant’s right to file another application in the event that the union’s delay in filing the grievances raises an impediment to her achieving a remedy through that process or if any issues arise with respect to the union’s representation of her in the future.
“Laura Trachuk”
for the Board