Ontario Labour Relations Board
3330-99-U James Houston and Paula Houston, Applicants v. Canadian Health Care Workers, Responding Party v. Community Lifecare Inc., Intervenor.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; September 19, 2000
1By decision dated August 29, 2000, the Board directed the applicants to file submissions in response to the union’s position that this application should be dismissed for failing to make out a prima facie case of a violation of section 74 of the Act. No submissions were, however, received within the ten (10) day time period set by the Board.
2The application filed with the Board relates to a conflict between the applicants and the Chief Steward, Mrs. Groombridge. More specifically, the applicants complain about charges brought against them under the union’s constitution by Mrs. Groombridge and the union’s refusal to file a grievance concerning Mrs. Groombridge’s conduct toward the applicants. Having reviewed the facts set out in the application, the Board finds that the applicants’ complaint involves an internal union matter and does not instead relate to the applicants’ representation by the union vis-à -vis the employer.
3The Board notes that the duty of fair representation by a trade union of an employee under section 74 of the Act is concerned only with the representation by a union of an employee in relation to his or her employer (see, for example, Irene Gauthier, [1990] OLRB Rep. Oct. 1041 and Rheal v. Dionne, [1994] OLRB Rep. May 532). The Board therefore finds that the application does not make out a prima facie case of a breach of section 74 of the Act.
4The application is accordingly hereby dismissed.
"Caroline Rowan"
for the Board