HomeMy WebLinkAbout2837-07-U - Amodeo 08-06-02
FEB 06 2008 10:46 FR OLRP
4163267531 TO 941k4438618
P.031'04
ONT ARlO LABOUR RELATIONS BOARD
2837-07..U Don Amodeo, Applicant v. Ontario Public Service Employees Union,
Responding Party.
2838-07-0H Don Amodeo, Applicant v. The Crown in Right of Ontario as
represented by the Minister of Labour, Responding Party.
BEFORE: Mark 1. Lewis, Vice-Chair.
DECISION OF THE BOARD: February 6, 2008
L Board File No. 2837~07-U is an application filed pursuant to section 74 of the Labour
Relations Act. 199.5, 5.0. 1995, c. 1, as amended (the "Act") alleging a violation of the duty of
fair representation which is imposed upon trade unions. Board File No. 2838-07~OH is 2n
application filed pursuant to section SO of the OCCllpational Health and Safety Act. R.S.O. 1990,
c. OJ, as amended (the "OHSA") aHeging an unlawful reprisal by an employer against an
employee. The applicant in both applications is Mr Don Amodeo. The responding trade union
in Board File No. 2837-07-lJ is Ontario Public Service Employees Union ("OPSEU"). The
correct name of the responding employer in Board File No, 2838~07 .OR is The Crown in Right
of Ontario as represented by the Minister of Labour (the "Employer") and the style of cause in
this matter is hereby amended accordingly.
2. As is clear from the various pleading and filings which have already been made, in
addition to substantial disputes between these parti~s concerning the merits of the applications, a
number of preliminary and/or procedural issues have also been raised. These preliminary and/or
procedural issues include (but are not limited to): Mr, Amodeo's claim that the Employer should
not be able to rely upon a late med response in Board File No, 2838-07-OH and the Board should
simply proceed to deal with that matter based solely on his application; and, various positions of
OPSEU and the Employer concerning the relationship between these two applications and a
grievance filed by OPSEU with tills Employer in respect of Mr. Amodeo on or about
November 5, 2007" The various positions taken by OPSEU and the Employer in respect of the
grievance (and its significance to these applications) are by no means identical but the result sort
is essentially the same. In this respect, both responding parties assert that neither of these
applications should proceed funherl if at all, unlil such time as the grievance has been finally
dealt with given that the matters raised by the grievance are, in whole or at least in part, the same
as the matters covered by these applications
3. In view of the preliminary positions being put forward, the Board determines that it is
appropriate to provide the parties with a further opportunity to file submissions concerning these
issues prior to making its determinations concerning the various requests which the parties have
made Accordingly, the Board hereby orders as followfi:
(a) by no later than February lSlh, 2008, OPSEU shall advise the
Board as to the status ofthe November 5th, 2007 grievance;
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(b) by no later than Fehmaty 151\ 2008, the Employer shall provide
to the Board any subnlissions it wishes to make in response to
Mr. Amodeo's preliminary position c.oncerning the timeliness of
the response in Board File No. 2838-07-0H (including setting
out the reason why this response was not apparently filed with
the Board until January 161h, 2008, when, on a prima fade basis
at least, it appears that this response should have been filed by no
later than December 14th, 2007;
(c) by nO later than February 29\\ 2008, Mr, Amodeo shall file with
the Board consolidated pleadings setting out all submissions
which he wishes the Board to consider concerning the
preliminary positions of the responding parties as to why these
matter should not proceed at all and/or why they should not
proceed prior to the conclusion of the grievance and arbitration
process, In these pleadings Mr. Amodeo should specifically
respond to the position of the Employer concerning the
provisions of section SO(b) of the OHSA in Board File No,
2838-07-0H and the position of OPSEU concerning the
inappropriateness of all of the remedies which be has requested
in Board File No. 2837.07-U. Further, in these pleading
Mr. Amodeo should also set out any further submissions which
he wishes the Board to consider in response to any submissions
that the Employer may file concerning the timelines of the
response in Board File No. 2838-07-0H;
(d) by no later than March 7th, 2008, the Employer and OPSEU
should file with tbe Board any subntission that they wish the
Board to consider in response to any submissions which
Mr. Amodeo may have filed pursuant to the provisions of
Paragraph 3(c) of this decision;
(e) in accordance with the Board's Rules of Procedure, any
submissions which are filed with the Board pursuant to this
decision shall, at the same time, be delivered to the other parties.
4. Having provided the parties with the opportunity to make further submissions as set
out above, the Board will thereafter determine how these matters should, if at all, proceed.
"Mark J. Lewis"
for the Board ~
** TOTAL PRGE.04 **