Ontario Labour Relations Board
2671-01-U Mrs. Wieslawa Szkup, Applicant v. Ontario Joint Council Union of Needletrades, Industrial and Textile Employees (Amalgamated Clothing & Textile Workers Union, Local 1070, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; December 20, 2001
Decision
1This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (“the Act”) in which the applicant claims that the responding trade union (“the union”) has violated section 74 of the Act.
2This application has an odd feature. The certificate of delivery shows that the union and the employer affected by the application received the application on July 20, 2000, some 18 months ago. The Registrar received the application on December 19, 2001. This suggests the applicant prepared the application before July 20, 2000 and then did nothing with it until now.
3The union and the employer would reasonably have concluded, some time ago, that the applicant was not proceeding with this matter. If this application were allowed to proceed, after so long a gap between when the union and the employer received the application and now, these parties would be prejudiced. The filing of an application should follow closely on the date of delivery of the application to the affected parties.
4There are other problems with the application. It has insufficient detail. It is not possible from the application to determine when the applicant’s complaint arose and what the union should have done. She mentions a grievance, but she gives no details of when it was submitted, what it concerned, who dealt with it for the union and why, in the applicant’s view, the union’s actions were unsatisfactory.
5The application does not meet the requirements of the Board’s Rules. It is dismissed.
“Christopher J. Albertyn”
for the Board