Ontario Labour Relations Board
Parties
3857-00-U Fernando Medeiros, Applicant v. USWA Local 4610, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; April 17, 2001
1This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74.
2Counsel for Hostess Frito-Lay Company has written to the Board to advise that his client did not receive a complete copy of the application and is therefore unable to respond.
3It is important that the responding party union and Hostess Frito-Lay Company receive a complete copy of the application. The Board notes that the certificate of delivery attached to Form A-29 is not signed and not properly filled out.
4The applicant is directed to serve the responding party union and Hostess Frito-Lay Company with a complete copy of the application and all attachments thereto, and to indicate to the Board in writing by no later than April 27, 2001, that this has been done. If the applicant asserts that the parties have in fact already been served then he must provide the Board, by no later than April 27, 2001, with proof that they have been served.
5This file will not be processed further until the Board is satisfied that the parties have been properly served. If the applicant fails to comply with the Board’s direction within the above time limits (April 27, 2001), the application will be deemed terminated.
6The applicant should be aware that a section 74 complaint cannot be made against an employer. However, the employer may wish to intervene.
7I am not seized with this matter.
“Anthony Brown”
for the Board