[1982] OLRB Rep. January 61
2013-81-U Ontario Public Service Employees Union, Complainant, v. G. Wragg, T. Norton, and Humber College of Applied Arts and Technology, Respondents.
BEFORE: R. D. Howe, Vice-Chairman, and Board Members F. W. Murray and H. Kobryn.
APPEARANCES: W. A. Lokai', Grant W. Bruce and Joe Grogan for the complainant; Donald F. O. Hersev and Tom Norton for the respondents.
DECISION OF THE BOARD; January 18, 1982
This is a complaint under section 78 of the Colleges Collective Bargaining Act in which it is alleged that the grievor, Joseph C. Grogan, has been dealt with by the respondents contrary to the provisions of section 76 of the Act.
Counsel for the respondents raised several preliminary matters with respect to this complaint. After hearing and considering the submissions of the parties with respect to those matters, the Board made the following oral ruling, which is hereby confirmed:
"The principles applied by the Board in determining when it will defer to grievance arbitration were thoroughly canvassed by the Board in Valdi Inc., [1980] OLRB Rep. Aug. 1254. Although that case involved a complaint under what is now section 89 of the Labour Relations Act, we are of the view that similar principles apply to complaints under section 78 of the Colleges Collective Bargaining Act. Assuming without deciding that the allegations contained in the present complaint would, if proved, constitute a violation of section 76 of the Colleges Collective Bargaining A ct, we are nevertheless of the view that this is an appropriate case for the Board to defer to the grievance arbitration proceedings that have already been set in motion by the complainant. A relatively mature collective bargaining relationship clearly exists between the parties and it appears to us that the matters in dispute between the parties are primarily contractual in nature. It also appears that the resolution of the contractual issues is congruent with the resolution of this unfair labour practice complaint. Therefore, having regard to all of the circumstances, the Board will defer to the arbitration process under the collective agreement that is binding upon the parties to this complaint. However, in accordance with our normal practice, the Board will retain jurisdiction with respect to this complaint to ensure that the dispute over the interpretation and application of the collective agreement is resolved with reasonable promptness, that the arbitration procedures have been fair, and that the outcome of the arbitration is neither repugnant to the purposes of the Colleges Collective Bargaining Act nor remedially inadequate. Accordingly, this complaint is hereby adjourned sine die for a period not exceeding one year. Unless within that time either party requests that the Board schedule the matter for further hearing, the Board will deem it to have been withdrawn and the Board's record will be endorsed accordingly without further notice to the parties."