Arvind Karir v. Amphenol Canada Corp.
File No.: 1624-01-U Date: September 24, 2001 Before: Patrick Kelly, Vice-Chair
DECISION OF THE BOARD
1This application was completed on Form A-29, the form required in an application under section 74 of the Labour Relations Act, 1995 (“the Act”).
2Section 74 of the Act provides as follows:
- A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
3The application does not name a trade union or council of trade unions as a responding party. It identifies Amphenol Canada Corp. (“Amphenol”) as the responding party. Counsel for Amphenol advises that the responding party’s employees are not, and have not been, represented by a trade union. There are no allegations of arbitrariness, discrimination or bad faith in the application.
4The applicant seeks alleged unpaid wages from Amphenol. That suggests that the applicant is seeking relief by way of the Employment Standards Act (the applicant refers to the Ministry of Labour in the application).
5The application is not properly brought under section 74 of the Act. Accordingly, it is dismissed.
“Patrick Kelly”
for the Board