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161-2-825 and 826
Giroux and Séguin and Whitney and Vincent
Before: R. Simpson
Appearances: Giroux, for the Complainant, G. Hupé and E. Bramwell, for the Respondents
Decision rendered: January 29, 1999
Unfair labour practices – Complaints under section 23 of the Public Service Staff Relations Act (PSSRA) alleging violations of subsections 8(2) and 10(2) of the PSSRA – Duty of fair representation – Undue delay – complainant filed two complaints arising out of his dissatisfaction with the fact that a competition in which he had been a candidate was cancelled in 1994 – this occurred after he had been successful in twice having the eligibility list, which did not include his name, overturned with the assistance of two of the respondents who were representatives of the bargaining agent – the remaining respondent was a senior manager in the relevant department – the respondents objected to the timeliness of the complaints which had been submitted several years after the acts complained of – the Board concluded that the complaints should have been filed within a reasonable time period of the acts complained of – allowing years to elapse before laying the complaints constituted an unreasonable delay which placed the respondents at a disadvantage in responding to them – the complaints were dismissed because of the complainants undue delay in submitting them.
Case cited: Harrison (161-2-725)