1957-01-U Rodger Dennis, Applicant v. Canadian Union of Public Employees Local 4000, Jean Marc Bezaire and Mike Lajeunesse, Responding Parties.
BEFORE: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD; December 3, 2001
This is an application pursuant to section 74 of the Labour Relations Act, 1995, as amended, (the “Act”) that the responding parties, Canadian Union of Public Employee Local 4000, Jean Marc Bezaire and Mike Lajeunesse have violated the duty of fair representation in relation to the applicant, Rodger Dennis.
The responding party union in its response has asked that the Board dismiss this application because there is no prima facie case. In order to do so, the Board must be satisfied based on a review only of the application that there could not be a finding of a violation of the Act. Having conducted such a review, the Board is satisfied that the allegations, if left unanswered, could lead to a finding of a violation of the Act. The motion for dismissal of this application on the basis of no prima facie case is therefore dismissed.
The responding party union also suggests in its response that it has provided a complete answer to the allegations of the applicant and, further, that there is no labour relations purpose in inquiring any further into these allegations because the applicant has received the remedy that he requested.
The applicant therefore is directed to file with the Board and the responding parties by January 7, 2002 submissions on the following issues:
(a) Has the applicant received, as is alleged by the responding party union, the remedy that he requests?
(b) Does the applicant agree with the factual assertions contained in paragraphs 1 to 17 of the response?
(c) To the extent that there is any disagreement with the factual assertions, as set out in (b) above, to provide a brief outline of the contrary factual assertions.
The responding parties may file any submissions in response with the Board and the applicant by January 28, 2002.
The Board will review this matter once again after all of the submissions referred to herein have been filed or the time for so doing has passed.
This panel of the Board is seized.
“Stephen Raymond”
for the Board