1468-00-U Tina Rozich and Ann McNeil, Applicants v. Kirkland Lake Police Association and Police Association of Ontario, Responding Parties v. Corporation of the Town of Kirkland Lake, Intervenor.
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; October 10, 2000
1On August 24, 2000 I issued an award in respect of this application under section 74 of Labour Relations Act, 1995, S.O. 1995, c.1, as amended ('the Act'). That decision requested submissions from the responding parties on a jurisdictional issue for the Board; namely whether the applicant’s employment relations were governed by the provisions of Police Services Act, R.S.O. 1990 (‘the Act’) or not.
2There appear to be five parties involved in this matter; the applicants, the Kirkland Lake Police Association, the Corporation of the Town of Kirkland Lake and the Police Association of Ontario.
3The Kirkland Lake Police Association filed a response indicating that it is not a certified union and questions the jurisdiction of the Board. No details are provided on the jurisdictional question.
4The Corporation of the Town of Kirkland Lake filed an intervention claiming that the applicant was not covered by a collective agreement and that she has made inconsistent legal claims in other forums – i.e. an action for wrongful dismissal in the courts. The intervention does not appear to have been provided to the other parties. The intervenor’s attention is drawn to the Board’s Rules of Procedure which require deliveries of responses and documents to all other parties.
5The Police Association of Ontario advises that it does not owe a duty of fair representation to the applicants under section 74 of the Act. It is a provincial organization that represents municipal police associations in Ontario who are its members.
6The applicants are directed to provide their submissions on the issue of the Board’s jurisdiction to hear this matter in response to the submissions of the responding parties and the intervenor. These submissions must be received by the Board within 10 (ten) days of the date of this decision. The Board will then determine how next to proceed.
“Marilyn Silverman”
for the Board