Ontario English Catholic Teachers Association v. Brant Haldimand-Norfolk Catholic District School Board
File No.: 3643-99-U Date: September 26, 2000
Applicant: Ontario English Catholic Teachers Association Responding Parties: Brant Haldimand-Norfolk Catholic District School Board, The Crown in Right of Ontario represented by the Ministry of Education, Mr. Norbert J. Hartmann
Before: Pamela A. Chapman, Vice-Chair
Appearances: Bernard Hanson for the applicant Patrick Moran for the respondent employer Kelly Burke for the Crown Norman J. Hartmann
Decision of the Board
1At the pre-hearing conference in this matter on September 12, 2000 the parties discussed a number of procedural matters which would affect the course of the hearing. The Crown advised that it would clarify its position on its preliminary objection to the complaint, and the Board undertook to then issue further procedural directions.
2The Crown advises that it will participate in the proceedings without prejudice to its position that it is not a proper responding party to the unfair labour practice complaint, and that the allegations made against it do not make out a prima facie case for the remedies requested. As a result, the Board will reserve judgment on those objections until they are renewed by the Crown in final argument, unless there are further developments in the proceedings which suggest that it would be expeditious to address the status of the Crown at some earlier point. The parties will have an opportunity to make further submissions on this issue before the Board makes any ruling.
3The applicant is directed to advise the Board and the other parties of its position on the following matters, in writing, by October 4, 2000:
(1) the appropriate onus of proof and order of proceedings;
(2) what facts could form a written statement of agreed facts;
(3) what documents could be put before the Board on agreement, including legislative and regulatory provisions; and,
(4) what remedy it currently seeks against each party.
4Comments by the responding party on the submissions of the applicant on these matters should be provided to the Board and the other parties by October 9, 2000, in order that the Board may make any further directions required to assist the parties in preparing for an orderly and expeditious use of the hearing time scheduled.
5The employer and trade union are also directed to advise the Board if any further days of bargaining have been held or scheduled, and whether or not they have been successful in concluding a new collective agreement.
6As it is apparent that further hearing days will be required if the parties are unable to resolve this dispute, the matter is referred to the Registrar to list two further days of hearing. The parties will be consulted as to their availability, but the Board will set dates if agreement cannot be reached on dates within a reasonable time frame.
"Pamela A. Chapman" for the Board