1805-01-U Paul Barber, Applicant v. Maintenance Construction Skilled Trades Council, Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; October 26, 2001
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) in which the applicant alleges that the responding party (the “union”) violated section 74 of the Act. The application was filed with the Board on September 27, 2001.
The applicant is a member of the union and is employed by the Toronto District Council School Board (the “employer”). The union and the employer are parties to a collective agreement. The applicant has made numerous allegations against various union officials and co-workers. Many of these allegations would appear to be with respect to internal union affairs which are not properly the subject matter of a compliant under section 74. The union has not filed a response to the application. In correspondence dated October 3, 2001, counsel for the union has requested that this matter be dismissed in accordance with Rule 46 of the Board’s Rules of Procedure for failing to establish a prima facie breach of section 74 of the Act. The union also maintains that the Board should exercise its discretion to not inquire further into the application pursuant to section 96(4) of the Act as no labour relations purpose would be served. In the alternative, the union requests the applicant to file full and complete particulars of the alleged breach of section 74 of the Act.
The Board directs the applicant to file with the union and the Board within 15 days of this decision, full and complete particulars of the alleged breach of section 74 of the Act. The Board further directs the applicant to address the union’s arguments for dismissal raised in its correspondence dated October 3, 2001. The Board directs the applicant to file its submissions with the Board and the union within 15 days of the date of this decision. The Board directs the union to file its response to the application with the Board and the applicant within 15 days from receiving the applicant’s submissions.
This matter may be determined by the Board based on the materials filed without further notice to the parties.
This panel of the Board is seized.
“John Morgan Lewis”
for the Board