Ontario Labour Relations Board
File No.: 2381-01-U Godfrey A. Maughn, Applicant v. United Steelworkers of America Local 16506, Responding Party.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; December 3, 2001
1This is an application alleging a violation of section 74 of the Labour Relations Act, 1995, as amended.
2By way of correspondence dated November 26, 2001 the Registrar returned the application to the applicant because the Certificate of Delivery was not properly completed. The applicant re-submitted the application to the Board on November 30, 2001 with the Certificate of Delivery properly completed, together with a letter dated November 27, 2001 asking that the Board now process the application. The amended Certificate of Delivery indicates that the applicant delivered the application and accompanying forms to the responding party (“the union”) via regular mail on November 19, 2001.
3By letter dated November 30, 2001, counsel for the responding party (“the union”) advises the Board of its position that the union is under no obligation to file a response because it has not, since the Registrar’s correspondence of November 26, 2001, been served with an entire application in accordance with the Board’s Rules of Procedure. The union acknowledges that it received the applicant’s letter of November 27, 2001 and the amended Certificate of Delivery.
4It would appear that the union has within its possession the substance of the entire application, though the means and timing of delivery of the application were not strictly in compliance with the Rules of Procedure. To the extent it maintains its position that it is not obligated to file a response, the union is directed to file and deliver written submissions on or before December 5, 2001 concerning the question why the Board should not relieve against the apparent breach of the Rules of Procedure, and require the union to file its response to the application. The union should explain how it is prejudiced by the breach.
5Should the union decide not to maintain its objection, the deadline for filing and delivering its response is extended to December 19, 2001.
“Patrick Kelly”
for the Board