Ontario Labour Relations Board
3177-99-U Frank Esposito, Applicant v. Canadian Union of Public Employees, Local 79, Responding Party v. City of Toronto, Intervenor.
BEFORE: Russell Goodfellow, Vice-Chair.
APPEARANCES: John Razulis and Frank Esposito for the applicant; D. Wray and Brian Blakeley for the responding party; Michael Martosh and Margaret Bromley for the intervenor.
DECISION OF THE BOARD; August 25, 2000
1The Board held a consultation in this matter on July 17, 2000.
2At the consultation, the applicant was represented by a solicitor, Mr. John Razulis. At the end of the day, it was agreed between the parties that the applicant would consider whether he wished to seek a resolution of his various legal matters involving the responding party and intervenor by placing them before a private mediator/arbitrator. If the applicant wished to do so, either he or his counsel were to contact the parties opposite. If he did not wish to do so, it was up to the applicant to contact the Board to request another date for consultation. It was agreed between the parties that at any subsequent consultation the applicant would provide a detailed verbal account of his complaint to the Board. That account would then be followed by a determination, based on submissions, as to whether the matter should proceed to a hearing on the merits.
3Between the last day of consultation and the present, the applicant, not his solicitor, has written to the Board on at least five occasions. These letters do not appear to correspond to anything determined, or agreed to, on the last day of consultation; rather, the applicant appears to be seeking to defer the scheduling of any subsequent consultation until after the resolution of another matter and the opportunity to file further submissions.
4This matter is hereby adjourned sine die for a period not exceeding one year. This means that it will not be listed for consultation until a party requests it. In the event of such a request, the Board will decide what further steps will be taken. If no request is made within the time stipulated, the matter will be deemed terminated. In the meantime, the applicant is directed to advise the Board as to whether he is still being represented by Mr. Razulis.
"Russell Goodfellow"
for the Board