Ontario Labour Relations Board
Between:
Gary Hogg, Applicant v. Ontario Public Service Employees Union, Responding Party v. Ministry of Correctional Services, Intervenor.
Before: Marilyn Silverman, Vice-Chair.
Decision of the Board; January 25, 2000
Decision of the Board
1This is an application filed under section 96 of the Labour Relations Act, 1995 (the "Act") alleging a violation of section 74 of the Act.
2The responding union requests that the Board dismiss this application without the necessity to hold a hearing on the basis that: (a) the application is untimely and (b) the application fails to establish a prima facie case
3The applicant asserts that beginning in 1986 he and certain other members of the responding union who were working as correctional officers were being improperly paid. He asserts that the responding union filed a grievance related to this matter in 1992 and in fact a copy of a grievance signed by the applicant and dated March 30, 1992 is included in the applicant's materials forwarded to the Board with his application. That grievance refers to the alleged failure of the employer to implement pay merit increases.
4The responding union indicated that the grievances in respect of this issue proceeded to arbitration (although as group/policy grievances according to the applicant) and subsequently to judicial review.
5The applicant maintains that the reason for this application is that he received an anonymous letter in October 1999 related to the pay merit issue.
6The basis of the applicant's complaint appears to be the timing of the filing of the group/policy grievance i.e. that the responding union should have filed it earlier. Without any determination of the merits of that allegation, it is at this point almost 8 years after the applicant became aware of that alleged fact.
7The Board has the discretion not to inquire into any application under section 96(4). This is a case where the delay is extreme and therefore the prejudice to the responding party is significant. In addition the applicant knew of the facts upon which he intended to rely at a much earlier time and chose not to do so.
8Having regard to the circumstances, this application is hereby dismissed.
"Marilyn Silverman"
for the Board