Complaints regarding union declarations for name-hired foremen dismissed for failing to disclose a prima facie case.
The complainants alleged that the respondent union and its officials contravened various sections of the Labour Relations Act by requiring contractors and name-hired foremen to sign declarations regarding their employment status upon demotion.
The respondents brought a motion to dismiss the complaints for failing to disclose a prima facie case and argued the matter should be deferred to arbitration.
The Board found that the complainants lacked status to complain on behalf of union members under sections 70 and 78, and that the facts pleaded did not disclose a prima facie case for illegal strike activity.
The Board further held that the dispute was essentially contractual, concerning the interpretation of the collective agreement, and deferred the remaining allegations to the arbitration process.
The complaints were dismissed.
The Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario and the Electrical Contractors Association of Toronto v. The International Brotherhood of Electrical Workers, Local 353, Joe Fashion, Bob Gill & Bill Martindale and others, 1991 CanLII 6153