Ontario Labour Relations Board
2145-01-U David Anta, et al, Applicants v. Service Employees International Union, Local 204, Responding Party v. Algonquin Health Services (Huntsville District Memorial Hospital), Intervenor.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; December 10, 2001
1This is an application filed pursuant to section 96 of the Labour Relations Act, 1995 as amended (“the Act”) alleging a violation of section 74 of the Act.
2The responding party (“the union”) requests that this matter be dismissed for failing to disclose a prima facie violation of section 74.
3It is not entirely clear to the Board what this application is about. However, like the union, the Board understands the essence of the applicants’ complaint to be that, one, the union settled two grievances on terms that did not provide the applicants with monies for tuition reimbursement; and two, the union settled these grievances without seeking and without receiving the prior approval of employees affected by the grievances. The union acknowledges that it did in fact settle the grievances on terms which did not include tuition reimbursement for the applicants, and did so without seeking or receiving the approval of the applicants.
4Before the Board gives consideration to the motion of the union to dismiss the application, it would be helpful to know the views of the applicants with respect to the union’s characterization of the dispute as set out in its response, as well as certain material facts upon which the union relies upon in its response.
5The applicants are directed to provide the Board, the union and the intervenor with written submissions in reply to paragraphs 2, 5, 6, 7, 16, 17, 22, 25, 27, 33, 34, 36, 37, 38, 42 and 43 of Schedule A of the union’s response. The applicants are directed to indicate whether they agree or disagree with each of the assertions contained within those paragraphs of Schedule A, and if they disagree, the applicants must provide their reasons. Unless the applicants indicate that they agree, disagree or have no knowledge with respect to any particular assertion of the union within the paragraphs cited, they shall be deemed to agree with that assertion. These written submissions are to be provided on or before December 21, 2001, following which the Board will give further consideration to the motion of the union to dismiss the application.
“Patrick Kelly”
for the Board