0735-01-U Angele Gilbert, Applicant v. United Food Commercial Workers International Union, Local 175, Responding Party.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; July 19, 2001
This is an application under section 96 of the Labour Relations Act, 1995 (the "Act").
By decision dated July 5, 2001, the Board directed the applicant to file any submissions in response to the union's request that the Board dismiss the application for failing to make out a prima facie case or, in the alternative, on the basis that it is premature. In this respect, the union notes that it has filed a grievance regarding the very subject matter of the complaint and is proceeding with the grievance through the grievance procedure. The applicant did not file any submissions in response to the Board's direction within the prescribed time.
As the union asserts, and the applicant has not disputed the union's contention that the union has filed a grievance on the very subject of the complaint and is proceeding with the grievance through the grievance procedure, it appears to the Board that this application is premature.
In the exercise of its discretion pursuant to section 96(4) of the Act, the Board therefore declines to inquire further into this application at this time. This application is accordingly dismissed without prejudice to the applicant's right to file a fresh application at the appropriate time.
"Caroline Rowan"
for the Board