A. Tarasuk

The applicant employer filed a complaint under section 96(7) of the Labour Relations Act, alleging that the respondent union breached a settlement agreement by distributing a memorandum to employees regarding the termination of a union organizer.

The employer argued that during settlement discussions, the union's counsel made oral representations that the matter would not be raised again, creating an estoppel.

The union brought a motion to dismiss the application for failing to disclose an arguable case.

The majority of the Board dismissed the application, holding that section 96(7) only applies to the written terms of a settlement and cannot be used to enforce oral representations.

The Board found that the written settlement did not preclude the union from communicating with employees about the matter.

The grievor alleged she was improperly demoted when she was removed from a position in the Management Compensation Plan and placed into a bargaining unit position.

The employer argued the Public Service Grievance Board lacked jurisdiction because the grievor was now in the bargaining unit, and that the Ontario Public Service Labour Relations Tribunal should determine her status.

The Board held that it, or a Classification Rating Committee, has jurisdiction to hear the grievance because the grievor would not be permitted to pursue her grievance before the Grievance Settlement Board or the Tribunal, and the event giving rise to the grievance occurred while she was in the Management Compensation Plan.