Ronald Phipps v. Canadian Union of Postal Workers, 2010 HRTO 2121

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ronald Phipps

Applicant

-and-

Canadian Union of Postal Workers

Respondent

DECISION

Adjudicator: Mary Truemner

Date: October 22, 2010

Citation: 2010 HRTO 2121

Indexed as: Phipps v. Canadian Union of Postal Workers

1The applicant, a letter carrier, filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging that the respondent discriminated against him on the basis of race in respect of employment. His Application indicates that Canada Post Corporation, a respondent to another Application alleging similar facts, is his employer, and that he is normally represented by his union, the respondent in this Application.

2The Tribunal issued a Notice of Intent to Dismiss because it appears that the applicant’s relationship with the respondent arises in the context of his employment by a federal government department, agency or a federally regulated business or service, and is consequently outside the Tribunal’s jurisdiction. The applicant responded with submissions which state that the respondent’s business is in the Province of Ontario, and that there should be no question of jurisdiction where human rights are concerned.

3In Armstrong v. Canadian Union of Postal Workers, 2003 CanLII 44874, and Armstrong v. Canadian Union of Postal Workers, 2003 CanLII 28341, the Ontario Labour Relations Board found that it did not have jurisdiction to deal with the labour relations between the Canadian Union of Postal Workers (the respondent in this case as well) and an employee of Canada Post Corporation because the labour relations in the area of “postal service” are a federal undertaking and subject to the Canada Labour Code, and not the provincial Labour Relations Act.

4Similarly, the Code, which is the relevant piece of legislation in this case, only applies to matters that fall within provincial, rather than federal jurisdiction. Pursuant to section 91, paragraph 5 of the Constitution Act, 1867, “postal service” is a federal undertaking. Allegations of human rights violations against this particular respondent should be raised under the Canadian Human Rights Act and not the Code which governs provincial matters.

5In the circumstances, the Tribunal has no jurisdiction over this Application. The Application is therefore dismissed.