0032-00-U Suzanne Stelmach, Dorothy Zagrodzki and Anna Zurek, Applicants v. Ontario Public Service Employees Union, Responding Party v. The Crown in Right of Ontario (Ministry of Health) as represented by the Management Board of Cabinet, Intervenor.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; October 16, 2000
This is a reconsideration request. A decision was issued on August 23, 2000 dismissing a section 74 complaint under the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”).
The applicants explain in their request that they were encouraged by their local union president to pursue their complaint and that from the time they took their positions as Rehabilitation Officers 2 they have challenged their classification. They point out that under the collective agreement any benefit to those in identical positions should have been extended to them.
I accept these allegations. However, they do not affect the outcome of this application. As I found in the decision of August 23, the Boone et al group were in a legally different position from the other Rehabilitation Officers 2, like the applicants, despite their doing the same work. The facts mentioned by the applicants do not advance the matter for them. They are still not entitled to claim what was granted to the Boone et al group for the reasons which were explained in the August 23 decision. I cannot therefore grant the reconsideration request.
The applicants mention in their request the problem of their being put to expense as a result of the non-arrival of counsel for the union and the employer at the pre-hearing meeting with the Labour Relations Officer. They seek compensation for their loss of earnings and for the legal fees they incurred attending the futile meeting. This is a matter which could have been raised at the hearing and so is not properly part of a reconsideration request. However, the Board does not have jurisdiction to make costs awards such as the applicants seek.
Accordingly, the reconsideration request is denied.
“Christopher J. Albertyn”
for the Board