Robert P. Duranleau Jr. v. Communications, Energy and Paperworkers Union of Canada Local 156
File No.: 1656-00-U Applicant: Robert P. Duranleau Jr. Responding Party: Communications, Energy and Paperworkers Union of Canada Local 156 Intervenor: Domtar Inc.
Before: Christopher J. Albertyn, Vice-Chair Decision of the Board: April 23, 2001
1This is an application filed pursuant to section 96 of the Labour Relations Act, 1995, R.S.O. 1995, c.1, as amended (“the Act”) alleging that the responding union (“the union”) has violated section 74 of the Act.
2The applicant’s employment was terminated on May 17, 2000 by the intervenor, Domtar Inc. (“the employer”). The union elected not to pursue the applicant’s grievance challenging the fairness of his discharge to arbitration. The union filed a response to the application explaining why that decision was made. The employer has requested, on the basis of the union’s response (the facts of which the employer affirms) that the application be dismissed for failing to disclose a prima facie case.
3In a decision on April 5, 2001 the Board directed the applicant to reply in detail to the response. He has done so.
4I have considered the prima facie request and the applicant’s amplified statement and I have concluded that this matter will not be disposed of on a prima facie basis. It will be set down for a consultation.
“Christopher J. Albertyn”
for the Board