1301-01-U International Brotherhood of Electrical Workers, Local 353, Applicant v. Stensca/Procon Ltd., Responding Party.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; November 29, 2001
1. This matter is an application under section 96 of the Labour Relations Act, 1995 (the “Act”). The applicant states that the responding party has violated section 96(7) of the Act. Section 96(7) provides as follows:
96.(7) Where a proceeding under this Act has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers' organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers' organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1).
2. On November 10, 2001, the applicant wrote to the Board and requested that, having regard to the responding party’s failure to file a response in this matter, the Board exercise its discretion and jurisdiction under Rule 41, deem the responding party to have accepted all of the facts stated in the application and decide the case upon the material before the Board.
3. The application does not assert that the Minutes of Settlement that the applicant asserts have been violated by the responding party arose out of a “proceeding under this Act”. Such is a necessary precondition to the Board’s jurisdiction under section 96(7) of the Act.
4. Accordingly, the applicant is hereby directed to file submissions with the Board within 10 days of the date of this decision, indicating the basis on which the Board has jurisdiction under section 96(7) of the Act in respect of this matter.
“D. L. Gee”
for the Board