HomeMy WebLinkAbout1794-03-U - Richards 04-01-14
Richards v. OPSEU Local 571, 2004 CanLII 11887 (ON L.R.B.)
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Citation: Richards v. OPSEU Local
Dale: 20040 r 14
Docket: 1794 03.(j
[Cited [JE)cisions anc! LE;gislatiQn]
1794-03-U Dorrell Richards, Applicant v. OPSEU Local 571, Responding Party v. University
Health Network, Intervenor
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; January 14,2004
I. This is an application brought pursuantto section 96 of the Labour Relations Act, 1995, S.O.
1995, c.l, as amended (the "Act"). The applicant alleges that OPSEU Local 571 ("the union") has
breached the duty of fair representation owed to her. I dismissed the application in a decision dated
December 8, 2003, on the basis that the applicant had not pleaded a primafacie case.
2. The applicant seeks a reconsideration of that decision. The applicant acknowledges that the
request is filed slightly outside the time limits in the Board's Rules of Procedure, and seeks a slight
extension.
3. The Board grants the extension. The applicant disagrees with the Board's characterization of
the issues about which she complains. Put simply, in my view, the applicant has shifted her focus from
an allegation that the union may not compromise her grievance without her consent, to a complaint that
the union has not advised her whether it intends to file a complaint alleging a reprisal under the
Occupational Health and Safety Act,R:?(). 19?(): c. 0-1 as amended (the "Act"). But in any event,
neither complaint, without more, would, if proved, amount to a breach ofthe duty of fair representation.
4. The applicant has provided no basis upon which the Board should reconsider its decision to
dismiss this application.
"Mary Ellen Cummings"
for the
Board
http://www.canlii.org/onJcas/onlrb/2004/2004onlrbl 0 1 OO.html
9/30/2005
Richards v. OPSEU Local 571, 2004 CanLII 11887 (ON L.R.B.)
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