1599-01-U Carlos H. Rodas, Applicant v. Labourers’ International Union of North America, Local 183, Responding Party v. D. Crupi & Sons Limited, Intervenor.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; December 21, 2001
1The Board, by decision in this matter dated November 26, 2001 directed the applicant to file a statement in reply to the submissions made by the responding party and intervenor indicating what facts he accepts and what facts he disputes and the factual basis for those he disputes. Having reviewed the additional submissions filed by the applicant, there appears to be a genuine issue between the parties with respect to the nature and quality of the investigation the responding party carried out after the applicant contacted it about being laid off from his employment with the intervenor.
2In my view, given the nature of the factual disputes between the parties, it appears to me that this application should be listed for hearing before the Board so that the parties may adduce evidence to prove their allegations. The applicant, for example, asserts that he had been employed by the intervenor for 10 years in a variety of positions. He claims that the intervenor used an alleged lack of work as a pretext to discharge him because he raised a concern about overtime with the intervenor. He also submits that in the past, the intervenor would move employees around to different jobs where they were needed if work was slow in one area but busy in other areas. The grievor also asserts that if a proper investigation had been carried out, the responding party would have discovered that less than two weeks after he was laid off, the machines on which he had been working were working full time.
3As noted, the parties had met with a labour relations officer in order to attempt to reach a settlement, but were unsuccessful. Therefore, this matter is referred to the Registrar to be listed for hearing.
4This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board