Quinn v. Community Living Essex County, 2008 HRTO 134

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patrick Quinn

Applicant

-and-

Community Living Essex County, Nancy Wallace Gero, Claire Market and Lori Huson

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 8, 2008 Citation: 2008 HRTO 134 Indexed as: Quinn v. Community Living Essex County

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1This is an application filed August 7, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On September 18, 2008 the respondents filed their response to the Application. On August 14, 2008 the Tribunal scheduled a mediation for October 16, 2008.

2In their response, the respondents requested a deferral of the Tribunal proceedings pending the outcome of an arbitration, scheduled for March 2009, on the same subject matter as the Application, and requested that the applicant's Union be given notice of these proceedings.

3On October 6, 2008 the respondents reiterated their request for a deferral or notice to the Union on the basis that the applicant's bargaining agent "has exclusive bargaining rights in respect of the terms and condition of Mr. Quinn's employment, and accordingly, the employer is precluded from negotiation directly with Mr. Quinn" and submitted that a mediation in the absence of the Union would not be productive.

4The Tribunal's Rules of Procedure for Applications under Section 53(3) of the Human Rights Code (Section 53(3) Rules) contemplate that requests for intervention prior to the case resolution conference would only be considered in exceptional circumstances (Rule 5.15).

5In the circumstances of this case, I am satisfied that mediation will be more productive if the Canadian Union of Public Employees, Local 3137, of which the applicant is a member, is given notice and invited to attend the mediation.

6Accordingly, a copy of this decision and the Notice of Mediation shall be delivered to the Canadian Union of Public Employees, Local 3137.

7The Canadian Union of Public Employees is directed to advise the Tribunal within five days of the receipt of this decision whether it wishes to participate in the mediation scheduled in Windsor on October 16, 2008. If the Union wishes to participate and a representative is unavailable on October 16, 2008, the Union is directed to provide the Tribunal, within five days of this decision, with alternate available dates

8Upon receipt of the Union's response, the Tribunal will either confirm the date of mediation or issue a further case management decision.