Complaint against union dismissed without a hearing as an attempt to re-litigate a previously dismissed discharge complaint.
The applicant filed a complaint against his union under the Labour Relations Act, alleging various contraventions related to his termination.
He had previously filed a reprisal complaint against his employer under the Occupational Health and Safety Act, which the Board dismissed after finding his termination for absenteeism was lawful and reasonable.
The Board dismissed the current complaint without a hearing, finding that the applicant was attempting to re-litigate the propriety of his discharge and that the allegations did not make out an arguable case against the union.
William J. Viveen v. United Steelworkers of America Local 7135, 1995 CanLII 9993