1531-01-U John Foote, Applicant v. Labourers’ International Union of North America, Local 506, Responding Party.
BEFORE: Timothy W. Sargeant, Vice-Chair.
DECISION OF THE BOARD; October 9, 2001
This is an application brought pursuant to section 96 of the Labour Relations Act, 1995, S.O. 1995, c. 1 as amended (the “Act”).
By decision dated September 21, 2001, the Board requests the applicant to file a statement detailing in full those paragraphs of the response he disagrees with and why.
The applicant has filed a statement. Having considered the pleadings and the statement filed, the Board is not prepared to dismiss this matter on the grounds that it does not establish a prima facie case that section 74 of the Act has been breached. To dismiss on a prima facie basis the Board must be persuaded that, even if all of the facts in the application and the applicant’s statements are assumed to be true, the application does not in any way establish a breach of section 74 of the Act. The Board is not so persuaded.
The matter is directed to the labour relations officer assigned to this file to process in the normal manner.
“Timothy W. Sargeant”
for the Board