1370-01-U CUPE Local 1974, Applicant v. Kingston General Hospital, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; October 9, 2001
1. This is an application pursuant to section 96 of the Labour Relations Act, 1995, alleging violation of section 70.
2. Essentially, the applicant trade union asserts that the responding party has failed to provide it with sufficient and timely staffing information in order for the applicant to be aware of what is happening in the hospital and thereby carry out its responsibilities as bargaining agent. It asserts that this interferes with the administration of the union, contrary to section 70.
3. The responding party submits by way of preliminary motion that the Board should decline to hear the application because the subject matter of the application has been dealt with in previous grievance arbitrations between the parties; the subject matter is governed by the parties’ collective agreement and can be addressed through the grievance/arbitration procedure; the application is frivolous and vexatious; and the applicant has unnecessarily delayed bringing the application.
4. By letter to the Board dated September 12, 2001, the applicant states, inter alia, that the grievances did not resolve the issue raised in this application and that this is not an appropriate case for the Board to defer to another forum.
5. Having considered the parties’ submissions, the Board has decided to hear the application. It is not sufficiently clear to the Board that arbitrator I. G. Thorne dealt with the core issue raised in this application, or is seized to do so. Secondly, that the complaint could be resolved through collective bargaining or through future initiation of the grievance process, is not sufficient reason for the Board to decline to hear this application. Other preliminary motions, by either party, will be dealt with by the panel of the Board assigned to hear this application.
6. The applicant requests that the matter be scheduled to be heard in Kingston or Ottawa. In accordance with the Board’s “travel policy”, the hearing will commence in Toronto and the panel hearing the matter can then determine whether it should be heard at another location if more days are required to complete the hearing.
7. The matter is referred to the Registrar for processing in the usual course.
“Anthony Brown”
for the Board