Bromley L. Armstrong

The complainant alleged she was constructively dismissed and penalized under the Occupational Health and Safety Act and the Smoking in the Workplace Act after raising concerns about second-hand smoke in the workplace.

The employer had a smoking policy in place and attempted to accommodate her, but concluded a completely smoke-free area was not possible.

The Board found that the complainant voluntarily resigned and did not attempt to rescind her resignation, dismissing the complaint.

A dissenting board member would have found constructive dismissal based on the employer's failure to provide reasonable accommodation.

The applicant filed an application to terminate the respondent union's bargaining rights ten weeks after the union was certified.

The union raised preliminary objections, arguing the application was untimely under section 123(1) of the Labour Relations Act and requesting the Board exercise its discretion under section 103(2)(i) to bar the application.

The Board held that the application was timely under section 57(2)(a) because the union had become bound by a provincial agreement upon certification, and the application was filed during the last two months of that agreement's operation.

The Board also found it had no discretion under section 103(2)(i) to bar the application based on unsuccessful employee petitions filed during the certification process.

The preliminary objections were dismissed.

The employer filed a complaint alleging the union violated section 15 of the Labour Relations Act by refusing to negotiate a renewal of the collective agreement for the Kitchener plant unless bargaining was conducted on a national basis for a master agreement.

The Ontario Labour Relations Board found that the union's insistence on national bargaining to the point of impasse was inconsistent with the scheme of the Act, which limits bargaining rights to the provincial jurisdiction.

The Board directed the union to cease its violation and return to the bargaining table to negotiate a lawful collective agreement for the Kitchener plant.