Canadian Union of Public Employees, Local 79 v. City of Toronto
3095-99-U Canadian Union of Public Employees, Local 79, Applicant v. City of Toronto, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; February 23, 2000
This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 86.
The applicant alleges that the responding party violated section 86 by assigning mandatory weekend overtime to public health nurses represented by the applicant.
The responding party submits, inter alia, that the Board should exercise its discretion not to hear this application because the applicant has also filed a grievance against the responding party in respect of essentially the same issue. As a preliminary matter, the responding party asks the Board to defer to the arbitration process. The Board directs the applicant to provide the Board (and other party) with its position on this preliminary matter by no later than March 6, 2000. The responding party shall have until March 8, 2000 to reply to the applicant’s submissions. After March 8, 2000, the Board will consider the matter further, and may decide the issue solely on the basis of the written submissions.
“Anthony Brown”
for the Board