2106-01-U Marcel Gagnon, Applicant v. CUPE 2067-1, Responding Party.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; December 21, 2001
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) in which the applicant, Marcel Gagnon, alleges that the responding party, CUPE, violated section 74 of the Act.
Mr. Gagnon indicates on the form filed that he lost his employment. Other than that he has provided no details about his complaint. The Board’s Rules require that certain information be set out in a complaint like this. The applicable Rules are as follows:
Any application filed with the Board must include the following details:
a) the full name, address, telephone number and facsimile number of the applicant, of a contact person for the applicant, of the responding party and of any other person who may be affected by the application;
b) the sections of the Act or any other act that relate to the application, including the sections that are claimed to have been violated, if any;
c) a detailed description of the orders or remedies requested;
d) a detailed statement of all the material facts on which the applicant relies, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly;
e) a certificate verifying delivery of the application to the responding party or parties.
Where a party in a case intends to allege improper conduct by any person, he or she must do so promptly after finding out about the alleged improper conduct and provide a detailed statement of all material facts relied upon, including the circumstances, what happened, when and where it happened, and the names of any persons said to have acted improperly.
An application or response may not be processed if it does not comply with these Rules.
The Board may decide an application without further notice to anyone who has not filed a document in the way required by these Rules.
This application is deficient because it does not comply with, at least, Rule 26c and 26d.
Quite simply there is no way for the Board, or the union, to know what the application is about.
Accordingly, the application is dismissed. However, this dismissal is without prejudice to the applicant’s right to file a fresh application when it complies with the Board’s Rules.
“Brian McLean”
for the Board