Board directed applicant to consider amending duty of fair representation complaint to duty of fair referral.
The applicant filed an unfair labour practice complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to provide him with regular employment from the hiring hall.
The Board noted that the allegations pertained to the union's hiring hall list and were more appropriately characterized as a duty of fair referral complaint under section 75.
The Board directed the Registrar to provide the applicant with the necessary forms to amend his application to a section 75 complaint within 15 days, and deferred ruling on the union's request to dismiss the matter on a prima facie basis.
Andre Lussier v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, 2000 CanLII 13309