Ontario Labour Relations Board
0222-01-U John Duke, Applicant v. I.A.T.S.E. International, L.A.T.S.E. 873, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; May 24, 2001
This is an application filed pursuant to section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act') alleging a violation of section 74 of the Act.
In its response, counsel for the responding parties contends that, as the application raises no allegations against the International Alliance of Theatrical Stage Employee, Moving Picture Technicians, Artists and Allied Crafts of the United States (“the International Union”) or its representatives in respect of the applicant’s representation in any dealings with the applicant’s employer, the application should be dismissed (without a hearing or consultation) in respect of the International Union.
The application was brought in respect of two named responding parties: I.A.T.S.E. International and I.A.T.S.E. 873. The application appears to concern itself solely with the conduct of the entity referred to as I.A.T.S.E. 873 and its president. Accordingly, there would seem to be merit to counsel’s motion that the application ought to be dismissed against the International Union without a hearing or consultation. As a result, the application would be processed only insofar as it pertains to the entity referred to as I.A.T.S.E. 873.
Before dealing further with the motion of counsel for the responding parties, the applicant is directed to file and deliver written submissions as to why the application should not be dismissed without a consultation or hearing with respect to the International Union. Those submissions are to be provided to the Board and the responding parties on or before June 1, 2001. Following the deadline for the receipt of these submissions, the Board will further consider counsel’s motion.
I am seized to deal with the submissions herein directed.
“Patrick Kelly”
for the Board