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Franklin v. Ontario Public Service Employees Union "OPSEU, 2005 CanLII 49150 (ON .,. Page 1 01'2
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This document 2005 CanLlI 49150 (ON L.R.B.)
Citation: Franklin v Ontario Public Service Employees Union "OPSEU, 2005 CanLlI 49150 (ON L R B )
Date: 2005.1223
Docket: 2962.05.U
[NotE;UP]
2962-0S-U Ronald Franklin, Applicant v. Ontario Public Service Employees Union "OPSEU",
Responding Party.
BEFORE: Kelly Waddingham, Vice-Chair.
DECISION OF THE BOARD; December 23, 2005
I.
This is a duty of fair representation complaint.
2. The union has requested that the complaint be dismissed without a hearing. The union
complains that the applicant did not comply with the Board's Rules because he/she did not name the
employer as an affected party and did not serve the employer with a copy of the application
3. The Certificate of Delivery for the application indicates that the applicant did not name the
employer as an affected party and did not serve the employer with a copy ofthe application.
4. The Board will not dismiss the application on this basis. The Board has the power to relieve
against the strict application of these Rules and does so in this case.
5. The applicant is directed to re-send a copy of the application and any other relevant
correspondence to its employer. Responding submissions if any are to be made within 5 days of receipt
of the application.
6.
I am not seized.
"Kelly Waddingham"
for the
Board
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11/29/2006