Ontario Labour Relations Board
File No.: 0639-01-U David W. Sager, Applicant v. Service Employees Union Local 183, Responding Party.
Before: Patrick Kelly, Vice-Chair.
Decision of the Board; November 9, 2001
1The Board is in receipt of correspondence dated November 8, 2001 from the representative for the responding party ("the union") wherein he advises that the union is no longer the bargaining agent for the applicant as a result of the union's displacement by the Canadian Auto Workers ("the CAW") on July 30, 2001, and that certain individuals who may have some role to play in the application are no longer employed by the union or by Quinte Healthcare Corporation respectively. The union's representative requests that in these circumstances the applicant should contact "the proper bargaining agent and that this process be cancelled."
2The events giving rise to this application occurred prior to the alleged displacement of the union. It is far from clear to the Board that the alleged displacement relieves the union of its duty of fair representation for events in which it has involved pre-dating the point in time that a new trade union assumed bargaining rights.
3The Board is not prepared, at this point, to grant the union's request to terminate this application. That request may be referred to the panel of the Board assigned to the consultation of this matter. However, given the position taken by the union that the CAW is responsible for answering the allegations contained in the application, the union is directed to deliver to the CAW a copy of the application, the union's response, the union's correspondence of November 8, 2001 to the Registrar, and all decisions of the Board issued in this matter, including this one. These copies are to be delivered to the CAW on or before November 16, 2001, and the union is to confirm that it has effected delivery by advising the Board in writing on or before November 19, 2001.
"Patrick Kelly"
for the Board