The complainants, members of the respondent union, accepted temporary maintenance jobs with Ontario Hydro under a CUPE collective agreement.
The respondent union subsequently directed them to quit these jobs, citing concerns that performing such work outside the hiring hall system jeopardized the union's jurisdiction and the interests of its members.
When the complainants refused, they were charged, tried, and fined under the union's constitution, and subsequently denied placement on the out-of-work list.
The complainants alleged violations of several sections of the Labour Relations Act, including the duty of fair representation.
The Board dismissed the complaint, finding that the union's actions were motivated by legitimate trade union interests and did not violate the Act.