Award Number 23-009

TORONTO POLICE ASSOCIATION
- and -
TORONTO POLICE SERVICES BOARD

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Award Date: 2023-11-03
Arbitrator: Anderson, Ian
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Municipality: Toronto
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Region: Central
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Classifications: Procedural Issues, Procedural Issues
Grievor: H. McWilliam
Appearances: C.V. Jones and O. Bishop-Mercier , for the Association
G. Bennett and S. Yeboah, for the Complainant, for the Employer
Length of Award:3 pp
Collective Agreements Cit. ----
Statutory Cit. Police Services Act; Labour Relations Act, 1995, ss. 74 and 114

Summary


Procedural Issues   Notice of proceedings - Duty of fair representation complaint - Relief sought included order directing association to file grievances - Interests of complainant’s employer potentially affected - Employer entitled to notice of proceedings - Interim award.

Procedural Issues   Duty of fair representation complaint - Association intending to raise objections to various allegations - Appropriate that association file preliminary response to allegations - Interim award.


Facts

The complainant alleged that the association breached its duty of fair representation. Among the remedies she sought were an order directing the association to file grievances on her behalf. This interim award dealt with case management issues.

Argument

The association intended to raise objections to various allegations contained in the written complaint and sought to have some of the allegations struck on jurisdictional grounds. In addition, the association asserted that there was no prima facie case for the relief sought.

Award #

Because some of the objections to the allegations could likely be addressed without calling evidence, and in the interests of an expeditious proceeding, the association was directed to provide a preliminary response to the allegations, without prejudice to its right to raise further objections. Upon request, the association would be permitted to file a supplementary response once the preliminary objections were addressed. Interim award.

Authorities Cited

• Renaud v. Lasalle (Town of) Police Assn. (2006), 216 OAC 1 (CA) • Cumming v. Peterborough Police Assn., 2013 ONCA 670


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Ontario Police Arbitration Commission