Employer breached section 70 by excluding union from restructuring consultations, but did not bargain directly.
The applicant union filed an unfair labour practice complaint alleging that the respondent university breached sections 70 and 73(1) of the Labour Relations Act, 1995 during a restructuring exercise.
The university had distributed a questionnaire directly to employees seeking input on work processes and excluded the union from information sessions.
The Ontario Labour Relations Board dismissed the section 73(1) complaint, finding that the questionnaire did not constitute direct bargaining as it did not compel answers on collective bargaining issues or put forward proposals.
However, the Board allowed the section 70 complaint, concluding that the university's refusal to allow the union to participate in the consultation process interfered with its representational rights without a persuasive business purpose.
The Board ordered the university to post a notice of the violation.
Canadian Union of Public Employees and its Local 2424 v. Carleton University, 1998 CanLII 18245
