3287-00-U Gilles Comtois, Applicant v. Hospitality and Services Trade Union, Local 261, Responding Party v. Cara Operations Limited, Intervenor.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; April 12, 2001
1This is an application under section 96 of the Labour Relations Act, 1995 (the "Act"), in which the applicant, Gilles Comtois, alleges that the responding party, Hospitality and Services Trade Union, Local 261 (the "union") has violated section 74 of the Act.
2The applicant, generally speaking, complains about the union's representation of his interests in connection with his employment with Cara Operations Ltd. (the "employer") and the termination of his employment on our about May 2000. By way of remedy, the applicant seeks, among other things, that his termination grievance be referred to arbitration.
3In its response to the application, the union asks that the Board dismiss the application without a hearing. In support of its request, the union states that the union and the employer have reached agreement that the applicant can return to work provided he provides a medical certificate indicating that he is capable of returning to work and indicating what, if any, medical restrictions he may have. The union further states that the employer does not take the position that the applicant has resigned and further states that there has been no termination. A review of the intervenor's response, however, indicates that the employer does in fact take the position that the applicant's employment remains terminated as "the applicant failed to bring forward sufficient or appropriate evidence to cause the company to reinstate him".
4In all of the circumstances, the Board does not consider it appropriate to exercise its discretion to dispose of this application without a hearing or consultation.
5The Board, accordingly, directs that the Registrar set this matter down for a consultation in the normal course.
"Caroline Rowan"
for the Board