1641-01-U Henry Roos, Applicant v. United Food and Commercial Workers International Union, Locals 175 and 633, CLC, AFL-CIO, Responding Parties.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; October 19, 2001
1This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the “Act”) in which the applicant (“Mr. Roos”) alleges that his bargaining agent has violated the duty of fair representation set out in section 74 of the Act. The responding party (the “Union”) has filed a reply containing a detailed statement of what the Union did and why, along with supporting documents.
2The facts alleged in the response do not conflict with any material assertion by Mr. Roos but do provide an apparently much fuller picture of what has occurred. In the absence of any material conflict in the facts alleged, the Board may well be able to decide this application on the basis of the material in the file without the need for a hearing or a consultation. This is permitted by section 99(3) of the Act. However, before the Board undertakes this step, it is appropriate to give Mr. Roos the opportunity to add to, or dispute any of the facts alleged by the Union in its reply.
3Specifically, the Board directs Mr. Roos to advise the Board, with respect to each of the 23 paragraphs in the Union’s response, whether he agrees, disagrees, or has no knowledge of the facts alleged by the Union. With respect to the medical assessments attached to the response, Mr. Roos is to state whether they are accurate copies of the documents they purport to be, whether there are any other reports which he has in his possession which are relevant (and if so, to provide them), and whether there is, in his view, any reason to discount the opinions and findings in those medical reports.
4I direct Mr. Roos to file his submissions on or before November 13, 2001. If he does not file any submissions, the Board will conclude that Mr. Roos has agreed with all of the statements made by the Union.
5After that date, the Board will determine whether or not it can determine the application on the basis of the pleadings and materials filed. If it can, the Board will render a final decision on the merits of the application without further submissions by any party.
6I am seized of this application.
“David A. McKee”
for the Board