Ontario Labour Relations Board
0502-01-U Antonio Edmilson Bellan, Applicant v. Hotel Employees, Restaurant Employees Union, Local 75, Responding Party v. Liverton Hotels International Inc., carrying on business as Metropolitan Hotel, Intervenor.
BEFORE: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD; July 26, 2001
1I have reviewed the submissions directed in my decision dated June 14, 2001 in this matter. Those were filed by the applicant on July 3, 2001 and have prompted no further response from the responding party.
2In its response the union relied on the fact that a grievance had been filed with respect to the applicant’s concerns about harassment.
3The applicant has now filed correspondence received from the trade union indicating that it will not proceed to arbitration with the grievance.
4The applicant may well have unrealistic expectations regarding what the union can do for him with respect to his harassment concerns. His expectations about what the Board may do for him may be equally distorted (some of the relief sought – most notably the request for a “peace bond” is beyond the purview of this Board).
5But while the union has characterized the grievance filed as capturing the applicant’s “harassment concerns”, it is also clear that both the grievance and the application assert, inter alia, claims of lost wages.
6While the applicant’s concerns about harassment issues may be difficult to precisely quantify or remedy, a claim for lost wages, which the union appears to have advanced and abandoned, may be more concrete.
7In the circumstances (which include little or no explanation for the union’s decision to not advance the grievance), I direct the Registrar to list this matter for consultation.
“Bram Herlich”
for the Board