OPSEU and individual former Crown employees filed applications alleging that the responding municipalities violated O. Reg. 10/99 by failing to properly credit their seniority after they were transferred to municipal employment.
The intervenor union (CUPE) and the responding municipalities raised preliminary objections regarding the Board's jurisdiction and the applicants' standing.
The Board held that it lacked inherent jurisdiction to enforce the regulation directly, as the Public Sector Labour Relations Transition Act does not provide a mechanism for individual employees or their former bargaining agent to apply to the Board for such redress.
The applications were dismissed for lack of jurisdiction.
