Ontario Labour Relations Board
1493-00-U Cindy A. Horton, Applicant v. Toronto Parks & Recreation, Ann Doggett, Supervisor of Waterfront District, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; August 29, 2000
1This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended ('the Act') in which the applicant claims that the responding trade union ('the union') has violated section 74 of the Act.
2The applicant asserts in the application that her complaint is "not against the Union" and goes on to say that her union representative has done as much as she could to try to assist the applicant. The applicant further asserts that her complaint is against the employer. The responding parties referred to in the application are the employer and a named supervisor.
3The content of the complaint refers to grievances being pursued by the union against the employer.
4Section 74 of the act provides that:
- 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.
5Section 74 of the act is directed to representation by the union towards its members. That is not the case that is being advanced here where the only complaints alleged are as against the employer (and the named supervisor). This application does not make out a prima facie against the responding party.
6This application is therefore dismissed.
"Marilyn Silverman"
for the Board