Kevin Wilson

The applicant filed an application alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to process his grievance regarding a surplus/layoff notice to arbitration.

The union had grouped his grievance with others and ultimately withdrew it as part of a larger settlement.

The applicant complained about the union's failure to adequately explain his bumping rights and its failure to communicate the withdrawal of his grievance in a timely manner.

The Board dismissed the application, finding that the union had honestly assessed the merits of the grievance and that the delay in communication, while regrettable, did not amount to arbitrary conduct.

The Ontario Public Service Employees Union and the Crown applied to the Ontario Labour Relations Board to determine five unresolved matters in their negotiation of an essential services agreement under the Crown Employees Collective Bargaining Act, 1993.

The Board provided directions on the definition of essential versus emergency services, the arrangement of work hours, and the timing for selecting employees to provide essential services.

The Board declined to make determinations on the extension of non-classified contracts and the cessation of benefits during a strike, finding these issues lacked a sufficient connection to the statutory mandate for essential services agreements.