Nick Grenci v. Local 1701 of C.E.P. union of Canada
File No.: 3455-99-U Date: September 27, 2000 Before: Stephen Raymond, Vice-Chair
Appearances: Nick Grenci the applicant Glenn Buchanan and Rob Gardner for the respondent Leslie Sorochan for the employer Aventis Pasteur
DECISION OF THE BOARD
This is an application filed pursuant to section 96 of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sch. A, as amended, (the "Act") that the responding party has violated section 74 of the Act.
A consultation was held on September 27, 2000.
The application was dismissed for the reasons that follow.
This application concerns a job competition in which the applicant was ultimately unsuccessful. The applicant applied for a position. The position was not given to him. He brought a grievance and was awarded the position. Another more senior employee also brought a grievance. When that employee's grievance was successful, the applicant was removed from his new position. He had not actually begun to perform the duties of his new position.
The applicant does not allege any facts which, if true, would support a finding that the responding party had acted in a way which was arbitrary, discriminatory or in bad faith. He claims that the President of the local of the responding party lied to him. I do not find, even on the facts as he alleges them, that there were any lies. He also claims that the responding party violated its duty of fair representation by preferring the senior employee. I find that the responding party was only protecting the seniority rights that it had negotiated with the employer.
The applicant has not made out a prima facie case. That is, even if all of the allegations of the applicant were true, it would still not support a finding of a violation of the Act by the responding party.
"Stephen Raymond"
for the Board