Ontario Labour Relations Board
0600-01-U Donald J. LeBlanc, Applicant v. Ontario English Catholic Teachers’ Association, Ihor Baczynsky, President, Responding Party v. York Catholic District School Board, Intervenor.
BEFORE: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD; August 13, 2001
1This is an application alleging violation of section 74 of the Labour Relations Act, 1995 (the “Act”).
2The responding party trade union asks that the application be dismissed because:
the Labour Relations Board has no jurisdiction to inquire into alleged violations of the Act which occurred prior to July 1, 1998;;
that, in any event, the Board ought to exercise its discretion not to inquire into this complaint as a result of the excessive duty in filing this complaint; and
that even if the Board inquires into the complaint the only allegations that remain are:
(a) the April 5, 2001 arbitration was cancelled and OECTA turned it into a negotiation session between themselves and the Board;
(b) a further arbitration was scheduled for May 3, 2001. Representatives of OECTA met with the Applicant at 8:00 a.m. and advised him that the arbitration was cancelled. Contents of a settlement were disclosed to him and he was advised that if he did not accept it, OECTA would accept it on his behalf;
(c) the Applicant inquired as to why there was no arbitration hearing on May 3, 2001, but no explanation was provided;
(d) the settlement came “nowhere near to his demands”;
and that these allegations do not make out a prima facie violation of the Act.
3Before disposing of the trade union’s motion, the Board will afford the applicant the opportunity to respond.
4In particular the applicant may wish to respond to the claim that the application fails to disclose a prima facie violation of the Act, that is even if all of the allegations made by the applicant are true, there is no violation of the Act.
5Should the applicant choose to make any of these submissions, he is directed to file them with the Board and deliver them to the other parties within one month of the date of this decision.
6The other parties will have two weeks from the date of receiving any such submissions from the applicant to file and deliver any further response.
7The Board will review this matter once again after all of the submissions referred to herein have been filed or the time for so doing has passed.
8This panel of the Board is seized.
“Stephen Raymond”
for the Board