Ontario Labour Relations Board
3112-00-U Robert Landon, Applicant v. Ontario Public Service Employees’ Union, Responding Party v. Crown in Right of Ontario as represented by Management Board of Cabinet, Intervenor.
BEFORE: Mary Anne McKellar, Vice-Chair.
DECISION OF THE BOARD; July 27, 2001
1By application filed January 25, 2001, the applicant made application under section 96 of the Labour Relations Act, 1995 (“the Act”), alleging that the responding party was in breach of section 74 of the Act.
2The parties entered into a Memorandum of Agreement dated April 9, 2001, (“the Settlement” pursuant to the terms of which the applicant sought leave of the Board to withdraw this application.
3By decision dated May 2, 2001, the Board granted leave to withdraw the application.
4By letters dated July 24, 2001 and July 26, 2001, the applicant has requested that the Board schedule a hearing with respect to his application.
5As a consequence of the withdrawal of the application, there is no matter currently before the Board in respect of which a hearing could be scheduled. In short, the applicant cannot now ignore the fact of the Settlement.
6A review of the applicant’s correspondence suggests that his complaint at this stage pertains to the union’s failure to comply with the terms of the Settlement. If so, the Board notes that section 96(7) of the Act provides that an allegation that any party has not complied with the settlement of a section 96 application may form the basis of a complaint under section 96(1) of the Act. Consequently, it is open to the applicant to file a section 96(1) application in the appropriate form in respect of any alleged failure to comply with the settlement.
“Mary Anne McKellar
for the Board