HomeMy WebLinkAbout2962-05-U - Franklin 06-01-23
JAN 23 2006 12:59 FR OLRB
416 326 7520 TO 94164438618
P.03/03
ONTARIO LABOUR RELATIONS BOARD
2962-05-U Ronald Franklin, Applicant v. Ontario Public Service Employees Union
HOPSEU", Responding Party v. Municipal Property Assessment Corporation, Intervenor.
BEFORE: Kelly Waddingham, Vice-Chair.
DECISION OF THE BOARD; January 23, 2006
l, This is a duty of fair representation complaint
2. On December 23, 2005, the Board directed the applicant to send a copy of its
application to his employer. The Board received a copy of the employer's (intervenor) response
on Friday, January 20, 2006.
3. On January 20, 2006, the applicant advised that he had not yet received a copy of the
intervenor's response. The Certificate of Delivery for the intervenor's response indicates that the
response was sent via facsimile at 4:00 p.m. on Friday, January 20, 2006. The Board trusts that
the applicant is now in receipt of the intervenor's response.
4. On January 17, 2006, the Board received correspondence from the applicant
requesting that the Board issue an order regarding the materials it has filed and a request for an
order directing the union to tHe all relevant materials from a June 29, 2005 arbitration hearing.
The Board received correspondence dated January 20, 2006, from the applicant in which he
reiterated his request.
5. On January 20,2006, the Board received correspondence from the intervenor and the
union (responding party) advising that they were aware that a request for a Board order had been
made by the applicant, but that they had not received a copy of the applicant's correspondence,
wherein he requests the Board issue an order.
6. The applicant is directed to send a copy of its January 17th and 20th, 2006,
correspondence to the responding party's counsel Mr. Steve Lander at OPSEU, 100 Lesmill
Road, Toronto, ON, M3B 3P8 and the intervenor's cOWlSel Mr. Daniel Fogel at Hicks Morley,
Hamilton, Stewart, Storie LLP, Toronto Dominion Tower, 30Lh Floor, Box 371, TD Centre,
Toronto, ON M5K IK8, within three (3) days of receipt of this decisioR Responding
submissions, if any, are to be made within five (5) days of receipt ofthe correspondence.
7. The Board directs the parties' attention to Rule 8.1 of the Board's Rules of Procedure,
which provides that "a party filing any document Or correspondence with the Board must at the
same time deliver a copy of the document or correspondence to all other parties in the case."
8. I am not seized.
"Kelly Waddingham"
for the Board
** TOTAL PAGE.03 **