1371-01-U Trudy Edwards, Applicant v. Service Employees International Union, Local 204, Responding Party v. The Royal Victoria Hospital of Barrie, Intervenor.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; October 1, 2001
1This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) which alleges that the responding party trade union violated section 74 of the Act.
2The trade union requests that the Board dismiss the application without a hearing because even if all of the allegations set out in the application are true, there is no violation of section 74 of the Act. The applicant has filed submissions in response to the union’s position. The decision deals with that issue.
3Under the circumstances of this case, the Board is satisfied that the matter ought to proceed to a consultation. Although the application may have been served improperly it is clear that the union has a copy of the application now. In addition, the application, at a minimum, alleges in specific detail that the union on several occasions did not communicate with her. It is possible that such allegations could disclose a prima facie breach of the Act.
4The union is free to raise its timeliness objections at any consultation into this matter.
5The union must file its response to the application within 10 days of the date of this decision.
6The matter is referred to the Manager of Field Services for the appointment of a Labour Relations Officer.
“Brian McLean”
for the Board