[1986] OLRB Rep. January 113
1792-85-U Ken Johnson, Complainant, v. Ontario Secondary School Teachers' Federation, Respondent
BEFORE: Ian C. Springate, Alternate Chairman, and Board Members J. Wilson and H. Kobryn.
DECISION OF THE BOARD; January 10, 1986
1This is a complaint under section 89 of the Labour Relations Act which alleges that the respondent has violated sections 65, 68 and 69 of the Act. Section 65 prohibits a trade union from participating in or interfering with the formation or administration of an employer's organization. Section 68 requires that a trade union represent employees in good faith. Section 69 requires that a trade union act in good faith in referring persons to employment.
2The information set forth in the complaint is not very detailed. However, it appears that the complainant is a teacher employed by the East York Board of Education, and the instant complaint against the Ontario Secondary School Teachers' Federation arises out of and relates to his employment with the School Board.
3The employment relations of teachers are governed primarily by the School Boards and Teachers Collective Negotiations Act, and not the Labour Relations Act. This point is made clear by section 2(f) of the Labour Relations Act which provides as follows:
- This Act does not apply,
(f) to a teacher as defined in the School Boards and Teachers Collective Negotiations Act, except as provided in that Act.
Nothing in the School Boards and Teachers Collective Negotiations Act appears to give the Board jurisdiction to deal with the matters dealt with by sections 65, 68 and 69 of the Labour Relations Act. Accordingly, it appears that this Board has no jurisdiction to deal with the subject matter of the instant complaint.
4Section 71 of the Board's Rules of Procedure provides as follows:
71 -(1) Where an application or complaint does not, in the opinion of the Board, make out a prima facie case for the remedy requested, the Board may dismiss the application or complaint without a hearing and it shall in its decision state the reason for the dismissal.
(2) The applicant or complainant may within ten days after he is served with the decision of the Board under subsection (1) request the Board to review its decision.
(3) A request for review under this section shall contain a concise statement of the facts and reasons upon which the applicant relies.
(4) Upon a request for review being filed, the Board may,
(a) direct that the application or complaint be re-opened and proceeded with by the Board in accordance with the provisions applicable thereto;
(b) direct the registrar to serve the applicant and any other person who in the opinion of the Board may be affected by the application or complaint with a notice of hearing to show cause why the application or complaint should be re-opened; or
(c) confirm its decision dismissing the application or complaint.
5In that the Board appears to lack jurisdiction to deal with this matter, the Board is of the view that the complaint does not make out a prima facie case for the remedy requested. Accordingly, pursuant to section 71 of the Board's Rules of Procedure, the complaint is hereby dismissed.