2493-01-U Jamie Alexander, Applicant v. Northern Ontario Joint Council of Retail, Wholesale & Department Store Union District Council of the United Food and Commercial Workers International Union, Responding Party.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; December 10, 2001
1This appears to be an application alleging a violation of section 74 of the Labour Relations Act, 1995, as amended (“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 application’s style of cause names Serca Food Service Inc. (“Serca”) as the responding party. Paragraph 2 of the application identifies Retail, Wholesale Union (RWDSU) as the trade union. The application appears to be concerned with the applicant’s termination from employment sometime in November 2001. It is far from clear what it is the applicant’s trade union has allegedly done or omitted to do in respect of his representation vis-à-vis Serca.
4Counsel for the Northern Ontario Joint Council of the Retail, Wholesale & Department Store Union District Council of the United Food and Commercial Workers International Union (“the union”) wrote to the Board on December 5, 2001. He indicated that attached to the application is a grievance dated November 23, 2001 filed by the union on behalf of the applicant, contesting the termination. (The application filed with the Board contains no such document.) According to counsel for the union, that grievance is being processed by the union. The union wants time to process the grievance completely, and asks that the Board defer processing the application, and extend the time limits for the filing of the union’s response until at least such time as the grievance has been resolved.
5The Board directs the applicant to respond to the December 5, 2001 letter of counsel for the union. The applicant must provide to the Board and to the union and Serca his written submissions, which are to address the union’s claim that a grievance challenging his termination from Serca has been filed and remains to be finally processed. The applicant is also to address the union’s request that this application be deferred, and that the time limits for the filing of its response be extended. These submissions are to be provided on or before December 21, 2001. Following the deadline for the provision of these submissions, the Board shall give further consideration to the union’s request.
6The union and Serca are relieved from filing any responses until the Board otherwise directs.
“Patrick Kelly”
for the Board