Ontario Labour Relations Board
Between: Grantley Howell, Applicant v. United Steelworkers of America, Local 7135, Responding Party.
Before: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging a violation of section 74 of the Act.
2Section 74 of the Act provides as follows:
- A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
3The applicant filed a further application dated April 25, 2001 and the allegations appear to relate to the same issues raised in the instant application. The pleadings in the April document expand on the pleadings in the earlier application. The response filed by the responding party addresses the allegations in both the original application and the additional material filed by the applicant.
4As a preliminary matter the responding party, USWA Local 7135, submits this application should be dismissed because of delay. The applicant did not provide any explanation for the 10 month’s delay in filing this complaint. The responding party submits it is prejudiced by this delay. Some of the persons involved are no longer employed by the company and are no longer in contact with the responding party.
5Further the responding submits this application should be dismissed for failure to provide particulars that would establish a violation of section 74.
6The responding party in its response filed a number of documents and made extensive submissions with respect to the issues raised by the applicant.
7Before the Board will determine this matter the applicant is directed to respond to the allegations contained in the union’s response. In particular the applicant is directed to advise the Board and the union which of the union’s alleged facts the applicant denies or admits. Any of the union’s allegations the applicant does not deny or qualify he is deemed to have admitted. The applicant is directed to Appendix “A” of the response and in particular the Facts set out in paragraphs 4 through 49. The applicant’s attention is also directed to paragraphs 2 and 3 of Appendix “A”.
8In the event the applicant does not respond on or before September 28, 2001 the Board will determine this matter based on the materials filed and the applicant is deemed to have accepted the facts in Appendix “A” of the union’s response, Form A-30, dated March 27, 2001.
9I remain seized for the purpose of dealing with the applicant’s submissions.
“Inge M. Stamp” for the Board