Young Star House (865292 Ontario Limited) v. United Food and Commercial Workers Union Local 175/633
File No.: 1406-01-U Applicant: Young Star House (865292 Ontario Limited) Responding Party: United Food and Commercial Workers Union Local 175/633
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; September 25, 2001
1By decision dated September 13, 2001, the Board directed the applicant to file submissions in response to the responding party’s request that this application be dismissed on the ground that the complaint relates to an alleged violation of the agreement between the parties and is therefore the proper subject matter of a grievance.
2The Board has now received and reviewed the applicant’s responding submissions. It appears from the material filed by the applicant that the substance of its complaint against the responding party is that the responding party has violated a provision in the collective agreement between them contained in a Letter of Understanding dated June 15, 2001. The applicant further suggests that it has filed a grievance/complaint with the union regarding this same issue. In all of the circumstances, the Board considers it appropriate to defer the issue raised in this application to the arbitration process. Accordingly, the Board exercises its discretion under section 96 of the Act and declines to inquire further into this matter.
3This application is hereby dismissed.
“Caroline Rowan”
for the Board