Margaret Warrick v. Service Employees International Union, CLC, 2011 HRTO 448

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Margaret Warrick

Applicant

-and-

Service Employees International Union, CLC

Respondent

Interim Decision

Adjudicator: Mary Truemner

Date: March 3, 2011

Citation: 2011 HRTO 448

Indexed as: Warrick v. Service Employees International Union

1The applicant filed an Application against the respondent, her employer, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). In an Interim Decision issued over a year ago, 2009 HRTO 58, the Tribunal noted that the facts described in the Application are part of ongoing grievance proceedings, and deferred this Application on consent until the grievance proceedings would be dealt with in accordance with the collective agreement governing the parties.

2On December 20, 2010, the applicant filed a Request to re-activate her deferred Application, and by letter dated February 7, 2011 from her counsel who represents her trade union, the Communications, Energy and Paperworkers Union of Canada Local 591G, the applicant confirmed that the grievances were withdrawn, and that the grievance proceedings have terminated without having been dealt with by an arbitrator or by mediation.

3The respondent has not refuted the contents of the applicant’s correspondence.

4In the circumstances, the Tribunal is re-activating the Application.

5Within 14 days of this Interim Decision, the respondent must write to the Tribunal, copying the applicant, to indicate whether it would like to attempt mediation.

6The request to the strike portions of the pleadings will be dealt with if mediation is not attempted or fails to resolve the Application.

7I am not seized of this matter.