Ontario Labour Relations Board
File No.: 1545-00-U Krishna R. Nankissoor, Applicant v. O.S.S.T.F. District 12, Responding Party.
Before: Patrick Kelly, Vice-Chair.
Decision of the Board: September 26, 2000
Decision
1This is a section 74 complaint under the Labour Relations Act, 1995, S.O. 1995, c.1 ("the Act").
2Section 74 provides as follows:
- A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
3The application alleges a "[b]reakdown of communication between the applicant and the Union Representative", and is accompanied by several sheets of type-written paper which detail a number of alleged incidents involving the applicant, his students, his colleagues and his superiors in what can be described as conflict situations. The application also contains what appear to be records of problems at the school where the applicant teaches, with handwritten notes appearing on the face of the records.
4To say the least, the application is difficult to fathom as a complaint against the responding party trade union. The allegations appear to be aimed entirely at the employer.
5The applicant is directed to file with the Board and deliver to the trade union and the employer a copy of a concise statement of material facts upon which he relies in asserting that the trade union acted in a manner that was arbitrary, discriminatory or in bad faith in its representation of the applicant. He is to include all of the circumstances, what happened, where and when it happened, and the names of any union representatives said to have acted improperly. The statement of material facts is to be provided on or before October 3, 2000, failing which the application will be dismissed.
6The responding party trade union is relieved from filing a response in this matter until the applicant complies as herein directed. Upon receipt of the applicant's statement of material facts, the time limits for the filing of a response shall commence, in accordance with the Board's Rules of Procedure.
7I am seized to deal with the implementation of this decision.
"Patrick Kelly"
for the Board