Ontario Labour Relations Board
[1989] OLRB Rep. April 371
2279-86-U Peter Rocca, Complainant v. Ontario Catholic Occasional Teachers Association, Respondent v. Metropolitan Separate School Board, Intervener
BEFORE: R. A. Furness, Vice-Chair, and Board Members W. H. Wightman and D. A. Patterson.
APPEARANCES: Charles Roach for the complainant; Bernie Hanson for the respondent; Barry W. Earle, Q. C. and Vince Nichilo for the intervener.
DECISION OF THE BOARD; April 28, 1989
1This is a complaint under section 89 of the Labour Relations Act in which the complainant Peter Rocca has alleged that he has been dealt with by the respondent contrary to the provisions of of sections 68 and 72(5) and (6) of the Labour Relations Act. The complainant has alleged that the respondent has failed to grieve separate complaints brought to its attention by the complainant. These complaints are as follows:
The intervener failed to hire Mr. Rocca as a full-time teacher;
The intervener failed to continue to hire Mr. Rocca as an occasional supply teacher from and after June of 1986;
The intervener failed to allow Mr. Rocca access to files pertaining to him in its possession contrary to the provisions of the collective agreement, and
The intervener unilaterally and detrimentally changed his teaching area from area 3 to area 5 contrary to the collective agreement.
In addition the complainant complained that various general meetings of the respondent including one held on October 20, 1986 violated the Labour Relations Act, section 72(5) and (6) in that insufficient notice was given of general meetings. In addition it was alleged that the notice given to the members including Mr. Rocca violated the provisions set out in the respondent's constitution.
2Throughout this decision