Ontario Labour Relations Board
0478-00-U Eugena Soso, Applicant v. Canadian Union of Public Employees Local 1590 and Providence Centre, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair.
APPEARANCES: Eugena Soso appearing on her own behalf; Risa Pancer for Canadian Union of Public Employees Local 1590; Michael Ward for Providence Centre.
DECISION OF THE BOARD; December 18, 2000
1This is an application filed pursuant to section 96 of the Labour Relations Act, 1995, R.S.O. 1995, c.1, as amended (“the Act”) alleging that the responding union (“the union”) has violated section 74 of the Act.
2At the commencement of the consultation on December 12, 2000, the applicant advised that her counsel had telephoned to report that, as a consequence of the severe snow storm, he was unable to travel from his home and he would not be able to attend. She asked for an adjournment. Mr. Ward, representing the employer, who had braved the inclement conditions and travelled from Ajax to be present at the consultation, and Ms. Pancer for the union, were opposed to the adjournment, particularly as the applicant’s counsel had indicated that he could not promise he would be able to emerge from his home at any time during the day, even if the consultation were held over for a later time.
3I granted the adjournment request because of the prejudice to the applicant if the consultation were to proceed in the absence of her counsel and because her counsel appears to have been prevented from attending the hearing through no default of his own.
4The consultation is adjourned to a date to be scheduled by the Registrar. I am not seized.
5The matter is referred to the Registrar.
“Christopher J. Albertyn”
for the Board