Maurice LeBlanc v. Amalgamated Transit Union Local 113
File No.: 2326-00-U Date: May 7, 2001
Applicant: Maurice LeBlanc Responding Party: Amalgamated Transit Union Local 113 Intervenor: Toronto Transit Commission
Before: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD
1Further to my decision dated April 20, 2001 in this matter, I have now had the opportunity to review all of the parties’ recent submissions.
2Except where there are admitted or otherwise uncontested facts pleaded by a responding party, the Board generally restricts its focus to the facts as alleged by an applicant in determining whether or not a prima facie case has been established.
3In the instant case, I am not persuaded that the application, as filed, fails to establish a prima facie case or at least generate the need for some explanation from the responding party trade union, and I therefore decline to dismiss it on that basis. And while the facts, as pleaded by the responding party may ultimately be sufficient to provide any requisite explanation, I am unable to accept or consider those facts for the purposes of determining whether a prima facie case has been pleaded.
4Further, given that the delay in this case appears to be only marginally in excess of the one year marker the Board generally views as significant (the final decision of the union to not advance the case appears to have been made on or about October 17, 1999; this application was filed on November 7, 2000). I am not prepared to dismiss the application for undue delay at this stage of the proceedings. The parties are not, by this decision, precluded from raising or relying upon the delay in question as grounds for dismissal or as a matter ultimately going to remedy.
5Finally and while the circumstances surrounding this case and those which led to the decision of the Board to dismiss the complaint in the case of Michael Teskey (November 7, 2000, Board File No. 2630-99-U) may ultimately prove to be substantially similar, I am not persuaded that the latter decision can possibly be so determinative as to warrant dismissal of the application at this stage of the proceedings.
6The Registrar is directed to list this matter for consultation.
"Bram Herlich" for the Board