2612-99-U Dale H. Chamberlin, Applicant v. Ontario Public Service Employees Union (O.P.S.E.U.), Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; January 28, 2000
This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995 ch. 1 (“the Act”). The applicant alleges that his bargaining agent, The Ontario Public Service Employees Union (“OPSEU”) has violated section 74 of the Act in the manner in which it has handled grievances he filed in 1996. The sole relief claimed in his application is “I am asking the Labour Relations Board to order my grievances to proceed to arbitration”. OPSEU denies that it has violated section 74.
By letter dated January 25, 2000, OPSEU has advised the Board that the applicant’s grievances are proceeding to arbitration at the Grievance Settlement Board on March 14, 2000. Since it appears that OPSEU has finally done what the applicant seeks to have done, there would appear to be nothing further to deal with in this complaint. Unless the applicant advises the Board that he disagrees with the factual assertion by OPSEU that his grievances are proceeding to arbitration, this matter will not be further processed until March 28, 2000. The Board directs the parties to advise it on or before that date whether or not the grievances complained of commenced to be heard on March 14, 2000. If they have, it will be up to the applicant to explain why the application should not be terminated at that time.
“David A. McKee”
for the Board

