1705-00-U Brenda Currine Perrin, Applicant v. Ontario Public Service Staff Union (“OPSSU”), Responding Party v. Ontario Public Service Employees Union, Intervenor.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; April 30, 2001
1The Board has received correspondence from counsel for the applicant. This letter appears to be requesting advice from the Board as to how to proceed in this matter. The Board cannot provide advice to the parties who appear before it. It can only adjudicate a dispute on the basis on which the parties plead it.
2The applicant was directed to file particulars of complaint against her union for the purpose of dealing with the union’s motion to dismiss the application under rule 46. In order to deal with that rule, the Board must assume that all of the facts stated in the application are true. If the applicant asserts that the 1998-1999 collective agreement was the effective agreement, she should plead the facts which she says should cause the Board to come to that conclusion. Some facts are pleaded in the letter of April 23, 2001. If there are others, they too should be pleaded. It should be noted that the Board does not have anything in the file which the parties do not deliver to the Board. Thus the Board does not have a copy of the 1998-1999 collective agreement and will not have one unless the applicant files it, or the relevant portions of it which are different from the subsequent collective agreement.
3The applicant is directed to comply with the Board’s direction in the April 5 decision on or before 5:00 p.m. on May 17, 2001.
“David A. McKee”
for the Board