Tony C. Andrigo v. Local 113 Amalgamated Transit Union
File No.: 3506-00-U Tony C. Andrigo, Applicant v. Local 113 Amalgamated Transit Union, Responding Party v. Toronto Transit Commission, Intervenor.
BEFORE: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD; June 5, 2001
Decision
1This is an application brought by Tony C. Andrigo (“Mr. Andrigo”) pursuant to section 96 of the Labour Relations Act, 1995, as amended (“the Act”) alleging a violation of section 74 of the Act by the Amalgamated Transit Union, Local 113 (“Local 113”).
2The Toronto Transit Commission (“the Commission”) has intervened in this application.
3Both Local 113 and the Commission submit that this application should be dismissed by the Board because Mr. Andrigo has failed to set out a prima facie case. That is, he has failed to set out facts, which if true, would be a violation of the Act.
4Having reviewed the application, there are no facts alleged by Mr. Andrigo which would support a finding that the Act has been violated. That is, there is no allegation that Local 113 has acted in a manner that is arbitrary, discriminatory or in bad faith.
5Mr. Andrigo is directed to file with the Board on or before June 23, 2001 any further allegations which support his application. If the Board does not receive any submission from Mr. Andrigo, this application will be dismissed for a failure to disclose a prima facie case.
6This panel of the Board is seized.
“Stephen Raymond”
for the Board