2691-00-U Michelle Bernardo-Bell, Applicant v. Ontario Public Service Employees Union Local 152, Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; April 6, 2001
This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995 ch.1 (the "Act") in which the applicant alleges that her bargaining agent (“OPSEU”) has violated the duty of fair representation set out in section 74 of the Act. By decision dated February 1, 2001 the Board directed the applicant to file her submissions with respect to the response filed by OPSEU. She did so by submissions dated March 29, 2001, received Aril 2, 2001.
The submissions respond adequately for the Board to deal with the responding party’s request that the application be dismissed for failure to plead a prima facie case. However, the applicant has raised two new particulars with respect to the allegedly differential treatment received by two individuals identified as “Steven” and “Reno”. The applicant is directed to advise OPSEU and the Board of the names and job classifications of these two individuals within 10 days of the date of this decision. OPSEU is directed to file a response with respect to the particulars filed by the applicant in respect of these two individuals within 10 days of receiving those details. The applicant is directed to respond to OPSEU’s submissions within 10 days of receiving OPSEU’s submissions.
I remain seized of this application for the purposes of determining this motion.
“David A. McKee”
for the Board