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Mrowinski v. Ontario Public Service Employees Union (OPSEU), 2003 CanLII 36445 (0... Page 1 of2
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This document: 2003 CanU! 36445 (ON
Citation: Mrowinski v Ontario l'Jubfic Service Employees Union (OPSEU), 2003 CanLlI 36445 (ON
LRB)
Date: 2003.0317
Docket: 289202-U
2892-02-U Janet Mrowinski, Applicant v. Ontario Public Service Employees Union (OPSEU),
Responding Party v. The Crown in Right of Ontario (Ministry of Community, Family &
Children's Services), Intervenor.
BEFORE: Timothy W. Sargeant, Vice-Chair.
DECISION OF THE BOARD March 17,2003
1. This is an application brought pursuant to section 96 of the Labour Relations Act, 1995 as
amended (the "Act") alleging that the responding party had breached section 74 ofthe Act
2. The responding party takes the position that the application is premature as grievances
regarding the applicant are scheduled to be heard by the Grievance Settlement Board on April
16,2003.
3. While the Board recognizes that the applicant has concerns arising over the scheduled
hearing and the Chair assigned by the Grievance Settlement Board to hear such matters, the Board has a
discretion under section 96 as to whether to consider an application and as to whether it proceeds to
hearing. The Act specifically relieves the Board of the requirement to hold a hearing where it is alleged
section 74 of the Act has been breached.
4. In this instance given that the date when the grievances of the applicant are scheduled to be
heard is as early as April 16, 2003, the Board is of the view that in the interests of good industrial
relations it should adjourn this application sine die until after the matters referred to the Grievance
Settlement Board have been heard. (See Valdo Inc., [1980] OLRB Rep. Aug. 1254).
5. Thus, the Board exercises its discretion and adjourns this application sine die for a period not
exceeding one year following April 16,2003. Unless within that time any party requests that the Board
proceed with the matter, it will be deemed terminated without any further notice to the parties.
"Timothy W. Sargeant"
....for the
Board
http://www.canlii.org/onJcas/onlrb/2003/2003onlrbll071.html
10/3/2005
Mrowinski v. Ontario Public Service Employees Union (OPSEU), 2003 CanLII 36445 (0... Page 2 of2
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10/3/2005