Fernando Attunes v. United Food and Commercial Worker’s International Union Local 114P AFL, CIO, CLC

3755-00-U Fernando Attunes, Applicant v. United Food and Commercial Worker’s International Union Local 114P AFL, CIO, CLC, Responding Party v. Maple Leaf Poultry, Intervenor.

BEFORE: Patrick Kelly, Vice-Chair.

DECISION OF THE BOARD; October 16, 2001

[1]. In decision dated October 1, 2001 the Board directed the applicant to file submissions concerning the issue of delay, and with respect to certain allegations contained in the responding party’s response. The Board stated that in the event the applicant failed to respond to any of those allegations, he would be deemed to agree with them. The Board further stated that if the applicant failed to file submissions, the application might be dismissed without further notice.

[2]. The Board has received no written submissions from the applicant within the period of time stipulated in the decision of October 1, 2001. Accordingly, the applicant is deemed to agree with paragraphs 4, 5, 6, 8, 9 10, 11 and 12 of Appendix A of the responding party’s response to the application. Moreover, the applicant has failed to explain the excessive delay in filing the application.

[3]. For these reasons, the application is hereby dismissed.

“Patrick Kelly”

for the Board