Award Number 20-004

Brantford Police Association
- and -

View full-text of this award in PDF or see Summary below

Award Date: 2020-05-05
Arbitrator: Brownlee, D.
View awards by Brownlee, D.
Municipality: Brantford
View awards from Brantford
Region: South West
View awards from South West
Classifications: Associations, PROCEDURAL ISSUES - Adjournment
Grievor: J. Emmons, Complainant
Appearances: J. Emmons, for the Complainant , for the Association
C. Jones, for the Association, for the Employer
Length of Award:5 pp
Collective Agreements Cit. ----
Statutory Cit. Police Services Act, s. 124(3)


Associations   Duty of fair representation - First interim award addressed a number of procedural issues in duty of fair representation complaint - Complainant requesting adjournment following release of interim award - Hearing adjourned sine die - Second interim award.

PROCEDURAL ISSUES - Adjournment   Duty of fair representation complaint - Following first interim award complainant requested an adjournment - Not productive to order complainant to proceed against his wishes - Adjournment granted sine die - Second interim award.


The complainant, Mr. Emmons, alleged that the Brantford Police Association breached its duty of fair representation. The first day of the hearing, January 24, 2020, was used to particularize the complaint and the association’s response. After the hearing, the complainant requested additional orders. In an interim award dated April 13, 2020 [OPAC #20-003] the arbitrator issued a number of procedural orders. Subsequently, the complainant sent a series of emails to the arbitrator, requesting that she: reconsider some of the orders issued in the first interim award; recuse herself on the basis of a reasonable apprehension of bias; and adjourn the hearing scheduled for May 22, 2020. Given the fast-approaching date for that hearing, this second interim award addressed only the issue of adjournment.


The complainant raised numerous grounds in support of his request for an adjournment, including allegations of “criminal activity” on the part of the association, his intention to seek judicial review of the first interim award, and the ongoing COVID-19 pandemic. The association opposed the complainant’s request on each of these grounds.

Award #

Considering the numerous grounds raised by the complainant in support of his request, it would not be productive to over-rule his request and order him to proceed against his wishes. Accordingly, the hearing was adjourned sine die.

Authorities Cited


View full-text of this award in PDF

Ontario Police Arbitration Commission