John Foote v. Labourers’ International Union of North America, Local 506
File No.: 1531-01-U Before: Timothy W. Sargeant, Vice-Chair Decision of the Board: September 21, 2001
Decision
1This is an application brought pursuant to section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended (“the Act”) alleging that the responding party has breached section 74 of the Act.
2The application alleges in part that a union steward told him “I can not grieve the issue of accommodation from Canadian Waste”. The application also alleges “told of termination & refused accommodation because of injury”.
3The applicant asks that the Board order that a grievance proceed to arbitration.
4The responding party has filed a very detailed response in this matter.
5The applicant is directed to file a statement detailing in full those paragraphs of the response he disagrees with and why. In particular the applicant is directed to file support for his allegation that he has in fact been terminated, and that he has in fact sought accommodation with the employer. Such statement should be filed with the Board and the responding party by October 5, 2001.
6Pursuant to the Act, the Board has jurisdiction to consider whether or not this matter should proceed to hearing. After the Board receives such statement from the applicant, it will consider what procedure should be followed. If the Board receives no statement from the applicant, the Board will make its decision based on the pleadings filed, and for that purpose will assume that the material pleaded in the response are factual.
7The Board is not prepared as this time to dismiss this matter on the basis that it does not make out a prima facie case.
“Timothy W. Sargeant”
for the Board