Charles Milson v. Retail Wholesale Canada-CAW
0144-01-U Charles Milson, Applicant v. Retail Wholesale Canada-CAW, Responding Party v. The Great Atlantic & Pacific Company of Canada, Limited, Intervenor.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; July 27, 2001
Decision
This is an application under section 96 of the Labour Relations Act, 1995 which alleges a violation of section 74 of the Act.
The application is confusing and is difficult to understand. Nevertheless, the responding party and intervenor have filed a response and intervention with the Board. These pleadings have clarified the nature of the applicant’s complaint.
The union has requested the Board dismiss the application without a hearing because, in their view, it does not make out a violation of section 74 of the Act.
Before the Board determines whether this matter ought to proceed to a consultation or hearing, the applicant shall have an opportunity to file submissions with the Board. Those submissions should respond to the assertion that the application does not disclose a breach of section 74 of the Act. In addition, the applicant must set out which paragraphs of the response and/or intervention it disagrees with. If the applicant disagrees with any paragraphs of the response and/or intervention he must say why.
The applicant’s submissions are due to be filed with the Board within twenty (20) business days from the date of this decision. Prior to filing the submissions with the Board, the applicant must deliver them to the other parties.
“Brian McLean”
for the Board