Form A-29 LABOUR RELATIONS ACT, 1995 APPLICATION REGARDING UNION'S DUTY OF FAIR REPRESENTATION BEFORE THE ONTARIO LABOUR RELATIONS BOARD.

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1 LABOUR RELATIONS ACT, 1995 APPLICATION REGARDING UNION'S DUTY OF FAIR REPRESENTATION BEFORE THE ONTARIO LABOUR RELATIONS BOARD Between: - and - Applicant, Responding Party. PLEASE READ INFORMATION BULLETINS NO "DUTY OF FAIR REPRESENTATION APPLICATIONS" AND NO "THE DUTY OF FAIR REPRESENTATION - WHAT DOES IT MEAN" BEFORE COMPLETING THIS APPLICATION. The applicant applies to the Ontario Labour Relations Board for relief under: [ ] section 74 of the Labour Relations Act, 1995 [ ] section 56 of the Colleges Collective Bargaining Act, 2008 [ ] section 46.1 of the Fire Protection and Prevention Act, 1997 in relation to a union s duty of fair representation. The applicant claims that the union named in paragraph 2 has violated its duty of fair representation. The applicant states: (p. 1 of 8) (June 2014)

2 INFORMATION ABOUT THE APPLICANT 1. (a) Name, address, telephone number, facsimile number and address of the applicant: If you are represented by a lawyer or some other person, please provide the name, address, telephone number, facsimile number and address of that person: (c) address of representative and assistant (if any): Counsel: Paralegal: other: Assistant: Assistant: Assistant: WHO IS YOUR COMPLAINT AGAINST? 2. (a) Trade union's name, address, telephone number, facsimile number and address: Name of union's representative to be a contact person: INFORMATION ABOUT YOUR EMPLOYER 3. (a) Employer's name, address, telephone number, facsimile number and address: (p. 2 of 8) (June 2014)

3 Name of employer's representative to be a contact person: [Please note that before you file your application with the Board, you must deliver to the union and employer a copy of your application, a blank response form, and a Notice to Union and Employer of Application Regarding Union s Duty of Fair Representation (Form C-14) with the names of the parties and the date inserted. You must also complete the attached Certificate of Delivery.] WHAT IS YOUR COMPLAINT ABOUT? 4. (a) If your complaint involves the filing of a grievance under a collective agreement, please attach a copy of the grievance and any other documents related to it. What was the outcome of the grievance? 5. (a) Have you lost your employment? [ ]Yes [ ]No If yes, please explain. HOW DID THE TRADE UNION'S ACTIVITY VIOLATE THE ACT? 6. On a separate piece of paper, please describe all of the facts that you are relying on in making this complaint. In other words, what facts do you rely on in support of your claim that the union acted in a manner that was arbitrary, discriminatory or in bad faith in representing you? (p. 3 of 8) (June 2014)

4 Include all of the circumstances, what happened, where and when it happened, and the names of any persons said to have acted improperly. (Please note that you will not be allowed to present evidence or make any representations about any material fact that was not set out in the application and filed promptly in the way required by the Board's Rules of Procedure, except with the permission of the Board.) REMEDIES 7. What remedies are you asking the Labour Relations Board to order if the Board finds that the union violated the Act? For example, are you asking the Board to order that your grievance proceed to arbitration? DATED. Signature for the Applicant (p. 4 of 8) (June 2014)

5 CERTIFICATE OF DELIVERY 1. I certify that the following documents were delivered to [ ] the union and [ ] the employer. Application Regarding Union s Duty of Fair Representation; a blank copy of a Response to Application Regarding Union s Duty of Fair Representation (Form A-30); and Notice to Union and Employer of Application Regarding Union s Duty of Fair Representation (Form C-14) with the names of the parties and the date inserted. Name of Organization and name And title of person to whom documents were delivered Address or facsimile number to which documents were delivered Name of Organization and name And title of person to whom documents were delivered Address or facsimile number to which documents were delivered Warning: Failure to deliver the documents to the appropriate union official may result in delay in processing your application. Please read Information Bulletin No "Duty of Fair Representation Applications" for information on who the appropriate union official is. [Complete either section 2 or section 3 or section 4 below.] 2. These documents were delivered by [ ] facsimile transmission or [ ] hand delivery on at a.m./p.m. (Date) 3. These documents were sent by [ ] regular mail on at a.m./p.m. (Date) (p. 5 of 8) (June 2014)

6 4. These documents were given to (Name of Courier) on, and I was advised that they would be (Date) delivered not later than at a.m./p.m. (Date) NAME: TITLE: SIGNATURE: (p. 6 of 8) (June 2014)

7 IMPORTANT NOTES FRENCH OR ENGLISH Si vous communiquez avec la Commission, vous avez le droit de recevoir des services en français et en anglais. Vous pouvez consulter les règles de la Commission, les formulaires et les bulletins d information sur le site Web de la Commission au ou composer le ou (sans frais) le pour de plus amples renseignements. Veuillez prendre note que la Commission n offre pas de services d interprétation dans les langues autres que le français et l anglais. You have the right to communicate with, and receive available services from, the Board in either English or French. You can access the Board s Rules, Forms and Information Bulletins from its website at or by calling Please note that the Board does not provide translation services in languages other than English or French. CHANGE OF ADDRESS Please notify the Board immediately of any change in your address, phone or fax numbers, or your address. If you fail to notify the Board of any changes, correspondence sent to your last known address may be deemed to be reasonable notice to you and the application may proceed in your absence. If you have provided an address with your contact information, the Board will in all likelihood communicate with you by from a generic out-going address. Please be advised that the Board is not yet equipped to receive communications from you by . OLRB RULES OF PROCEDURE The Board s Rules of Procedure describe how an application, response or intervention must be filed, what information must be provided and the time limits that apply. You can obtain a copy of the Rules from the Board s office at 505 University Avenue, 2 nd Floor, Toronto, Ontario, M5G 2P1 (Tel: ) or from the Board s website. ACCESSIBILITY and ACCOMMODATION In accordance with the Accessibility for Ontarians with Disabilities Act, 2005, the Board makes every effort to ensure that its services are provided in a manner that respects the dignity and independence of persons with disabilities. Please tell the Board if you require any accommodation to meet your individual needs. FREEDOM OF INFORMATION and PROTECTION OF PRIVACY (p. 7 of 8) (June 2014)

8 Personal information is collected on this form under the authority of the Board s governing legislation to assist in the processing of this application. In addition, information received in written or oral submissions may be used and disclosed for the proper administration of the Board s legislation and processes. The Freedom of Information and Protection of Privacy Act, R.S.O F.31 governs the collection, use and disclosure of this information. Any information that you provide to the Board that is relevant to this application must in the normal course be provided to the other parties to the proceeding. HEARINGS and DECISIONS Board hearings are open to the public unless the panel decides that matters involving public security may be disclosed or if it believes that disclosure of financial or personal matters would be damaging to any of the parties. Hearings are not recorded and no transcripts are produced. The Board issues written decisions, which may include the name and personal information about persons appearing before it. Decisions are available to the public from a variety of sources including the Ontario Workplace Tribunals Library, and over the internet at a free legal information data base. Some summaries and decisions may be found on the Board s website under Highlights and Recent Decisions of Interest. (p. 8 of 8) (June 2014)

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