States v. York University, 2009 HRTO 1827

Human Rights Tribunal of Ontario

Between:

Tom States Applicant

-and-

York University Respondent

Interim Decision

Adjudicator: Alan Whyte Date: October 30, 2009 Citation: 2009 HRTO 1827 Indexed as: States v. York University

1In its Interim Decision, 2009 HRTO 1502, the Tribunal directed that the respondent clarify its position with respect to the applicant’s request to defer this Application pending the outcome of a complaint process available to the applicant under the collective agreement between the respondent and the applicant's bargaining agent, CUPE. The respondent has confirmed by letter dated October 6, 2009 that it consents to the deferral. The Interim Decision also stated that the respondent was not required to file a full Response to the Application pending the Tribunal's decision on the request to defer.

2On September 23, 2009, the applicant filed a Request for Order during Proceedings (RFOP) seeking an order directing the respondent to file a full Response to the Application. The applicant submits that such a Response will facilitate the discussions and negotiations among the applicant, his bargaining agent and the respondent. The respondent has not responded to the RFOP.

3In cases in which the Tribunal decides to defer the processing of an Application at the request of an applicant, it is typical to not require the respondent to file a full Response. Such policy reflects the Tribunal's concern over conservation of resources and the practical reality that if the other process is successful in resolving the dispute, then no Response will be required from the respondent.

4Accordingly, the Tribunal orders as follows:

a) this Application is deferred pending the outcome of the complaint process under the collective agreement between the respondent and CUPE; and

b) the respondent is not required to file a full Response unless directed to do so by the Tribunal.

5The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the complaint process.

6I am not seized.