Ontario Labour Relations Board
2757-00-U Emmanuel A. Abegunrin, Applicant v. Toronto Hydro Electric Commission and Peter Sissario, Bernie Oldham, David Scott, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; December 21, 2000
This appears to be an application filed pursuant to section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act') alleging a violation of section 74 of the Act.
Section 74 provides as follows:
A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
The application appears to concern a grievance of the applicant regarding a pay rate. The material facts upon which the applicant relies make no mention of the role of the applicant’s trade union, and certainly do not allege any behaviour or omissions on the part of a trade union which would establish a case of a violation of section 74. The allegations are aimed exclusively at the applicant’s employer and its representatives, but even viewed in that light, it is not apparent that the allegations would, if true, establish a violation by the employer or its representatives of any provision of the Act.
Before any response is required to be filed in this matter by either the applicant’s trade union or his employer and its representatives, the applicant is directed to provide a concise statement of the material facts upon which he relies to establish that his trade union was arbitrary, discriminatory or acting in bad faith in its representation of the applicant. He must include all the circumstances, what happened, where and when it happened, and the names of any persons of the trade union said to have acted improperly.
The applicant is directed to provide to the Board and to the trade union and the employer the materials herein directed on or before January 4, 2001, failing which the application will be dismissed. Upon delivery of the materials, the time periods established by the Board’s Rules of Procedure for the filing of responses/interventions shall commence.
I am not seized.
“Patrick Kelly”
for the Board