Ontario Labour Relations Board
Between: Daniel C. Tremblay, Applicant v. Communications, Energy and Paperworkers of Canada, Local 324, Responding Party v. 777603 Ontario Inc. operating as Ricci’s Trucking, Intervenor.
Before: Patrick Kelly, Vice-Chair.
Decision of the Board; June 1, 2001
Decision
1The Board is in receipt of correspondence dated May 31, 2001 from counsel for the applicant. Counsel contends that the intervenor’s response is not sufficiently detailed, and asks the Board to compel the intervenor to provide a detailed response to the application.
2The Board notes that the responding party (”the union”) and the intervenor both allege that the applicant’s discharge grievance, which appears to be at the heart of this application, has been referred to arbitration. In its response the union asks that in light of the referral of the grievance to arbitration, the Board ought to exercise its discretion and refuse to hear the application for lack of a valid labour relations purpose.
3Before dealing with the applicant’s request, the Board directs the applicant to indicate whether it agrees that the discharge grievance described in the application has indeed been referred to arbitration, and if so, why the Board should not exercise its discretion and decline to inquire further into this matter. The applicant is directed to file and deliver its submissions in this regard on or before June 11, 2001. Following the deadline for the applicant’s submissions, the Board shall issue a further decision.
4I am seized to deal with the submissions herein directed.
“Patrick Kelly”
for the Board