Ontario Labour Relations Board
File No.: 2705-00-U Date: December 27, 2000
Between: Julie Thomson, Applicant v. OPSEU, Local #472, Responding Party v. Almonte General Hospital, Intervenor.
Before: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD
1This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74.
2Section 74 pertains to the representation provided by a union. It does not pertain to the conduct of an employer. The section states:
- 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 responding party (OPSEU) and the intervenor, Almonte General Hospital, have both filed a response. OPSEU asserts that the remedies requested by the applicant are "not matters that the Board should involve itself in". Furthermore, it asserts that the applicant has not attempted to file a grievance in respect of any alleged violations of a collective agreement. OPSEU asserts that the applicant's apparent dissatisfaction with the representation received from the Local President is not a matter for the Board, it being an internal union matter.
4OPSEU seeks dismissal of the application on the basis that it fails to disclose a prima facie case of violation of section 74.
5An application under section 96 alleging violation of section 74 must provide details about how the union is alleged to have acted in a manner that is arbitrary, discriminatory or in bad faith in respect of the applicant. All the material facts relied upon by a party must be pleaded with particularity. The Board has the discretion not to hear an application that fails to disclose a prima facie case, i.e. an application that would not likely succeed even if the material facts alleged by the applicant were assumed to be true.
6Before the Board considers whether or not to schedule this application for a consultation, or to dismiss it without a consultation, the applicant should have the opportunity to reply to the submissions filed by the responding party, OPSEU and the intervenor, Almonte General Hospital.
7The applicant is directed file a reply with the Board (with copies to the other parties) by no later than January 12, 2001. The Board will then consider the matter further.
8I am seized solely with respect to the "prima facie" issue.
"Anthony Brown"
for the Board