Natalie Hawley v. Canadian Union of Public Employees, Local 3261
File No.: 1609-00-U Date: October 6, 2000 Before: Brian McLean, Vice-Chair
Natalie Hawley, Applicant v. Canadian Union of Public Employees, Local 3261, Responding Party v. University of Toronto, Intervenor.
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995 (the "Act") in which it is alleged that the responding party has violated section 74 of the Act.
2Both parties have filed pleadings. In its response to the application, the responding party requests that the Board dismiss the application without a hearing. The responding party bases its request on two grounds: first, that the application does not on its face disclose a prima facie breach of the Act and second, for delay.
3The application alleges that the union processed the applicant's grievance, carried it to third step and then determined not to go to arbitration with it. All of the facts appear to be common ground between the parties.
4The applicant alleges, however, that the union did not advise her in a timely fashion about the status of her grievance. She was forced to retain a labour relations advisor to contact the union about the status of her case. The union says in its response that it attempted to contact the grievor but was unable to do so.
5What is unclear from the application, however, is how the union's conduct could have caused the loss which the applicant claims damages for. The applicant agrees that she turned down the University's offer of employment since she had already found another job.
6In view of the above, the applicant is directed to file a response to the responding party's position if she wants to continue with this application. That response should set out the applicant's position with respect to whether and how the union's breach of section 74 of the Act caused her a loss of $2,400.
7The applicant's response must be delivered to the other parties and filed with the Board by no later than October 23, 2000. Once the applicant's material is received, the Board will determine whether the application can proceed.
"Brian McLean"
for the Board