Powell v. The Regional Municipality of Halton, 2009 HRTO 1295

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Veronica Powell

Applicant

-and-

The Regional Municipality of Halton, Janet Chene, Barbara Coulter and Joyce Green

Respondents

-and-

Ontario Public Service Employees Union

Proposed Non-Party Intervenor

INTERIM DECISION

Adjudicator: Mark Hart

Date: August 21, 2009

Citation: 2009 HRTO 1295

Indexed as: Powell v. The Regional Municipality of Halton

1This is an Application dated February 14, 2009 under section 53(5) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The purpose of this Interim Decision is to address the request by the Ontario Public Service Employees Union (“OPSEU”) for non-party intervenor status in this proceeding.

3On June 16, 2009, OPSEU filed a Request to Intervene on the basis that the applicant was a member of OPSEU’s bargaining unit at the long term care facility where she was employed and on the basis that the remedies sought by the applicant, including human rights training for those in the workplace, may affect OPSEU’s collective agreement and/or OPSEU members. On this basis, OPSEU submits that it has a substantial and continuing interest in the remedies being sought in this matter.

4No position has been taken by either the applicant or the respondent in relation to OPSEU’s request.

5As stated by this Tribunal in Boyce v. Toronto Community Housing Corporation, 2009 HRTO 131 at para. 13:

A union or association nearly always has an interest in a human rights application brought by an employee in a bargaining unit it represents when the application alleges discrimination in employment. Absent exceptional circumstances, the applicant’s bargaining agent will be granted intervention status in Tribunal proceedings where it requests it.

6Accordingly, OPSEU is hereby granted non-party intervenor status, with the right to participate in mediation as an observer and to address matters of broad application to the workplace as it may affect OPSEU and its members and the remedies sought as they may affect the collective agreement and its members. The parties shall provide to OPSEU all material that each of them has filed with the Tribunal.

7I am not seized.