Ontario Labour Relations Board
1469-00-U Tai Nguyen, Applicant v. Ontario Public Service Employees Union, Crown in Right of Ontario (Ministry of Health and Long-Term Care), Responding Parties.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; October 16, 2000
1This matter is an application pursuant to section 74 of the Labour Relations Act, 1995 in which the applicant, Tai Nguyen, asserts that Ontario Public Service Employees Union (“OPSEU”) has violated its duty not to Act in a manner that is arbitrary, discriminatory or in bad faith in the course of its representation of employees. A response to the application has been filed by OPSEU and Mr. Nguyen’s employer, Ministry of Health. OPSEU asks that the application be dismissed on the basis that it does not make out a violation of section 74 and because the application was filed eleven months after the events complained about. The Ministry of Health supports OPSEU’s request.
2Mr. Nguyen is hereby directed to deliver to OPSEU and the Ministry of Health and file within the Board, no later than October 25, 2000, any submissions he would like the Board to consider on the issue of whether this application should be dismissed because it fails to set out facts that establish that the trade union has violated section 74 or because it was filed eleven months after the trade union’s conduct being relied upon to support the assertion that the trade union has violated section 74.
3I remain seized for the sole purpose of dealing with the preliminary issues.
“D. L. Gee”
for the Board