Ontario Labour Relations Board
File No.: 2041-01-U Michael James Greig, Applicant v. United Food and Commercial Workers International Union, Local 1000A, Responding Party.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; October 31, 2001
Decision
This is an application under section 96 of the Labour Relations Act, 1995, R.S.O. 1995, c.1, as amended (the “Act”) which alleges a violation of section 74 of the Act.
The responding party (“Local 1000A”) has filed a response to the application. In its response Local 1000A requests that the Board dismiss the application without holding a hearing or consultation. Local 1000A makes this request because, in its view, the application does not make out a breach of section 74 of the Act.
Before the Board deals with Local 1000A’s request, it is appropriate for the applicant to have a chance to respond to Local 1000A’s position. The applicant may make any submissions he wishes regarding why his application should not be dismissed at this time. However, as part of those submissions he should answer the following questions:
- Did he ever request that Local 1000A file a grievance on his behalf? If so, when did he make his request and to whom did he make it?
- When did he advise the union about his illness? Who did he advise and what did he advise that person?
- What paragraphs in Schedule “A” to Local 1000A’s response does he agree with? What paragraphs does he disagree with? If he disagrees with any paragraph the applicant must set out his version of the facts.
- Does the applicant have any medical evidence of his illness?
- The applicant shall have ten (10) business days from the date of this decision to file submissions with the Board. Prior to filing such submissions he must deliver them to Local 1000A.
“Brian McLean”
for the Board