Ontario Labour Relations Board
1877-01-U Raymond Bernicky, Applicant v. BFI Canada Inc. and Teamsters Union Local #880, Responding Parties.
BEFORE: Mary Anne McKellar , Vice‑Chair.
DECISION OF THE BOARD; October 12, 2001
Decision
1This is an application under section 96 of the Labour Relations Act, 1995 (“the Act”), alleging that the responding party has contravened section 74 of the Act.
2The Certificate of Delivery states that copies of the application were hand delivered to the responding party and to the applicant’s employer at 5:00 a.m. on September 25, 2001. The application was not received by the Board until October 5, 2001, contrary to Rule 14 of the Board’s Rules of Procedure, which requires an application to be filed with the Board no later than five days after it was delivered to the responding parties. Rule 15 of the Board’s Rules of Procedure states that the “Board will not process an application that fails to comply with Rule 14 and the matter will be terminated”.
3The application is made on Board Form A-29 and dated September 25, 2001. In the space where Form A-29 directs the applicant to provide the name, address, telephone number and facsimile number of the trade union, this applicant has merely written “Teamsters Local #880, Windsor, Ontario”.
4As a consequence of the late filing of the application, and its failure to provide sufficient information enabling the Board to communicate with the responding party, the Board’s usual correspondence acknowledging receipt of the application and advising of the time limits for filing responses cannot be provided to the responding party. In any event, the time limits normally specified in that correspondence have already passed. (Pursuant to Rule 28 of the Board’s Rules of Procedure, the union’s response is to be delivered not later than 10 days after the application was delivered to them).
5Having regard to all of the above circumstances, this application is terminated pursuant to Rule 15 of the Board’s Rules of Procedure, without prejudice to the applicant’s ability to deliver and file a fresh application in accordance with the Rules. For greater clarity, any such application must provide sufficient information to enable the Board to communicate with all responding parties.
“Mary Anne McKellar”
for the Board