What is the effect of Local 79's decision not to refer the suspension to arbitration?
Ontario, Canada
The following excerpt is from Escobar v. Canadian Union of Public Employees, Local 79, 2011 HRTO 2314 (CanLII):
The decision of Local 79 not to refer the ten-day suspension to arbitration is the subject of another proceeding before the OLRB. I find the applicant’s allegation that the decision not to refer the grievance was discriminatory to be a bald allegation. The applicant has not described any actions of the respondents that would support a finding that the decision had been made based on discriminatory considerations. There must be a claim, and a factual foundation for the claim, that the failure to act was based on discriminatory factors. See Traversy v. Mississauga Professional Firefighters’ Association 2009 HRTO 996 at para. 33.
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