David S. Courtney v. The Ontario Secondary School Teachers’ Federation
File No.: 0313-00-U Date: August 22, 2000
Applicant: David S. Courtney Responding Party: The Ontario Secondary School Teachers’ Federation Intervenor: Peel District School Board
Before: Christopher J. Albertyn, Vice-Chair
DECISION OF THE BOARD
1This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (“the Act”) in which the applicant claims that the responding trade union (“the union”) has violated section 74 of the Act.
2The union sought that the application be dismissed for failing to disclose a prima facie case. The essence of the request for dismissal was that the union was pursuing the applicant’s grievance through the grievance procedure. Since the request was made, counsel for the union has informed the Board that the applicant’s grievance is in fact proceeding to arbitration. Assuming the applicant’s complaint to the Board to be meritorious, the relief he would succeed in obtaining from the Board is a reference of his grievance to arbitration. Since that seems to be what the union is doing for him in any event, there appears to be no good reason why the resources of the Board should be further utilized in the matter. On the basis that the applicant’s grievance is proceeding to arbitration, the application should be dismissed, without prejudice to the applicant’s right to bring a fresh application with respect to the same grievance should that be necessary. The applicant is afforded an opportunity to make a submission as to why this should not be the outcome of this matter. Any submission must be received by the Board by Thursday, August 31, 2000.
3I am seized to deal with the prima facie request and any submission from the applicant.
“Christopher J. Albertyn”
for the Board