Court File and Parties

File No.: 2492-00-U

Tony Olivieri, Applicant v. Ontario Public Service Employees Union, Responding Party v. Double M & M (1995) Inc., Intervenor.

BEFORE: Patrick Kelly, Vice-Chair.

DECISION OF THE BOARD; August 7, 2001

Decision

[1]. In its response, the responding party trade union (“OPSEU”) contends that the application does not disclose a prima facie case of a violation of OPSEU’s duty of fair representation under section 74 of the Labour Relations Act, 1995 (as amended). The responding party moves that the application be dismissed without a hearing.

[2]. In assessing OPSEU’s prima facie motion, I can only have regard to the facts alleged in the application, as well as any facts which are not in dispute. The threshold for the establishment of a prima facie case is not an unduly onerous one.

[3]. The applicant alleges that he lost his employment, and that OPSEU purported to file a grievance on his behalf. He further alleges that he has never seen the grievance, and contends that OPSEU (as well as his employer) has taken no action regarding his dispute. He wants his grievance pursued to arbitration, but, according to the applicant, OPSEU has told him that arbitration will not assist him.

[4]. Although the applicant’s allegations regarding OPSEU are sparse, if they were proven to be true, they might make out a case of a violation of section 74 of the Act.

[5]. For these reasons, OPSEU’s motion to dismiss the application without a hearing is denied.

[6]. This matter is referred to the Registrar.

“Patrick Kelly”

for the Board