Slater Steel Inc. v. Mark Nadeau and Minister of Labour
0459-01-HS Slater Steel Inc., Applicant v. Mark Nadeau and Minister of Labour, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; May 10, 2001
By letter dated April 25, 2001, Slater Steel Inc. indicated that it wished to file a complaint, pursuant to section 49(1) of the Occupational Health and Safety Act alleging that a certified worker member, Mike Nadeau, “…recklessly or in bad faith exercised…” the power to direct a work stoppage. One of the remedies available to the Board in the event we find the complaint is sustained is the decertification of the certified member.
The Board does not have any particular forms that must be filled out to complete such an application. Section 49 (3.1) directs the Board to use the procedure, with necessary modifications, that it would use with respect to an appeal of an Inspector’s order. So that all the affected parties and the Board know the details of the allegations made, the Board will require the applicant to set out its complaint and direct the responding parties to respond. Further, the Board will direct the appointment of a Labour Relations Officer to meet with the parties and attempt to resolve this dispute. At this point the Board is missing the most basic information and cannot even identify who all the parties might be. Again we look to the applicant to provide that information. By virtue of section 49(3) of the Act, the Minister of Labour is entitled to be a party.
The Board hereby directs the applicant to provide the following:
a) full name, address, telephone and facsimile numbers, and the name of a contact person for each of:
(i) the applicant;
(ii) Mike Nadeau;
(iii) any bargaining agent representing the employees;
(iv) the members of the joint health and safety committee.
b) a detailed description of the circumstances that give rise to a request for a declaration under section 49 of the Act, including what happened, when and where it happened and who was involved.
c) any Orders of an Inspector that are relevant to this dispute.
The applicant must file this material with the Board no later than May 18, 2001. Following receipt of the applicant’s submissions, the Board will forward the application to other identified parties, and to the Minister of Labour.
Labour Relations Officer Robert Wright is assigned to meet with the parties and attempt to assist them to resolve the issues in dispute. The Officer will report on the status of the mediation efforts by June 15, 2001 (“the report date”). That date may be extended by the Registrar of the Board, either on his own motion, or on request of the parties. If the matter remains unresolved, within 21 calendar days after the report date, any party that wishes to participate in the hearing must respond to the application. The Board directs any responding party to provide to the Board, the applicant and any other responding party:
a) its full name, address, telephone and facsimile numbers, and the name of a contact person;
b) a statement as to whether you agree or disagree with each fact or allegation set out in the submissions of the applicant;
c) if you disagree with any of the facts asserted, a detailed statement of all material facts on which you rely, including what happened, when and where it happened and who was involved;
d) your reasons why a finding should or should not be made that the certified member recklessly or in bad faith exercised the power to direct a work stoppage;
e) any Orders of an Inspector that are relevant to this dispute.
In the event this matter proceeds to hearing, not later than 21 calendar days before the hearing date, all parties are require to deliver to all the other parties, and file with the Board, all the documents on which they intend to rely.
Material that a party is required to file with the Board should be directed to the Registrar, at the address set out in the cover letter accompanying this decision. All correspondence must clearly identify that it relates to Board File No. 0459-01-HS.
“Mary Ellen Cummings”
for the Board