1230-99-U Vince Tassone, Applicant v. Ontario English Catholic Teachers’ Association, Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; July 3, 2001
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging that the responding party has violated section 74. Section 74 provides as follows:
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.
The responding party has asked that the Board exercise its discretion not to proceed with this application on the grounds that it is premature and that the application does not contain facts which, even if proved, could support a finding that it violated the Act. It also claims that the Board does not have the jurisdiction to order the remedy requested. It also appears, from some materials submitted by the applicant, that he may have already received a favourable decision with respect to his insurance plan.
The Board therefore directs the applicant to file submissions in response to the responding party’s request that the Board not proceed with this matter. He should include with those submissions a response to each of the facts alleged by the responding party and indicate whether he agrees or disagrees with those facts. He should also advise the Board as to the current status of his complaint and whether he is still seeking the remedy set out therein. The submissions should be filed with the Board on or before July 13, 2001. A copy of the submissions should be provided to the responding party.
“Laura Trachuk”
for the Board