Patty Berry v. Ontario Liquor Boards Employees’ Union
3545-99-U Patty Berry, Applicant v. Ontario Liquor Boards Employees’ Union, Responding Party v. Liquor Control Board of Ontario, Intervenor.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; April 11, 2000
Decision
1This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the “Act”). The applicant alleges that the responding party (the union) has failed to represent her fairly. Specifically, the applicant alleges that the union has failed to forward to arbitration her grievance with respect to the payment of her “anniversary increase”.
2The union’s response, among other things, indicates that its grievance committee is backlogged, and has not yet determined whether or not to advance her grievance to arbitration. The intervenor, the applicant’s employer, responded that it is aware of the grievance, and also understands that the union has not yet decided whether to advance it to arbitration.
3The Board has consistently held that there is no good labour relations purpose to be served enquiring into a duty of fair representation complaint where the grievance at the heart of the complaint is still under discussion in the workplace parties’ grievance and arbitration procedure.
4The Board concludes that nothing in this complaint could cause it to deviate from that practice.
5This complaint is dismissed without prejudice to the applicant’s right to bring another complaint in future.
“Mary Ellen Cummings”
for the Board
