1452-01-U Quang Chiem, Applicant v. United Steelworkers of America Local 4970, Responding Party v. Coltec Aerospace Canada Ltd., Intervenor.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; November 5, 2001
This is an application brought pursuant to section 96 of the Labour Relations Act, 1995 (the “Act”) that the responding party, the United Steelworkers of America Local 4970 (the “Steelworkers”) has violated section 74 of the Act in their representation of the applicant, Quang Chiem.
The Steelworkers have raised preliminary objections and request that this application be dismissed on the basis that the matter has been settled and/or the complaint fails to disclose a prima facie case and/or for delay in filing this complaint promptly. The Steelworkers request the Board dismiss this complaint without the necessity of a hearing.
Before the Board will deal with these preliminary issues raised by the Steelworkers, the applicant is directed to address the issues raised in Schedule “A” of the response filed by the Steelworkers.
The applicant is directed to address each paragraph, from paragraph 1 through to paragraph 28 of Schedule A of the Steelworkers response to the complaint. The applicant is directed to indicate which paragraphs he agrees with and which paragraphs he disagrees with. Where the applicant disagrees with the material facts asserted by the Steelworkers the applicant is directed to indicate why he disagrees and what his position is with respect to each of the paragraphs with which he disagrees.
The applicant is directed to file his submissions with the Board and the responding party within 14 days of the date of this decision. The responding party has seven days from receipt of the applicant’s submissions to respond should it wish to do so.
If the applicant does not file his submissions with the Board by the deadline the Board will dispose of this matter based on the materials filed and the applicant is deemed to have accepted the pleadings of the responding party.
I remain seized of this matter for the purpose of dealing with the preliminary issues.
“Inge M. Stamp”
for the Board