Luc Dumoulin v. Teamsters, Chauffeurs, Warehousemen and Helpers, Local 91
File No.: 2111-01-U Date: November 29, 2001 Ontario Labour Relations Board
Between: Luc Dumoulin, Applicant v. Teamsters, Chauffeurs, Warehousemen and Helpers, Local 91, Responding Party.
Before: Brian McLean, Vice-Chair.
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) which alleges a breach of section 74 of the Act.
2The employer has advised the Board that in its view the Board does not have jurisdiction to hear this application because the employer is Federally regulated. Any such application would have to be brought under the Canada Labour Code, not the Ontario Labour Relations Act.
3It is clear that if the employer is correct in its assertion that its labour relations are Federally regulated, this Board does not have jurisdiction. However, the Board cannot simply dismiss the application because of the employer’s claim. The Board requires evidence in order to make a determination.
4Accordingly, the parties are directed to file brief submissions and supporting documentary evidence (ie. a Federal certificate) with the Board within two weeks of the date of this decision. The Board will determine what process to engage in, after receiving these materials. In the meantime, the union and employer are relieved of responding to the application on its merits.
“Brian McLean”
for the Board