P. O'Keeffe

The union filed an unfair labour practice complaint alleging that the employer discharged two employees, Connie Campbell and Steven Cliche, due to their union activities.

The Board found that Campbell, a key union supporter, was discharged because of her trade union activity and her insistence on her statutory rights, in violation of the Labour Relations Act and a prior settlement agreement.

The Board ordered her reinstatement with full compensation and directed the employer to post a notice of employees' rights.

The complaint regarding Cliche was dismissed, as the Board found his discharge was not motivated by anti-union animus.

The Minister of Labour referred a question to the Ontario Labour Relations Board pursuant to section 107 of the Labour Relations Act regarding his authority to appoint a conciliation officer.

The employer and the trade union had signed a memorandum of agreement, but the union argued it was null and void due to a common mistake regarding the calculation of a cost of living allowance (COLA) fold-in.

Both parties had mistakenly assumed the COLA entitlement was 10 cents per hour instead of 21 cents.

The Board held that the doctrine of common mistake does not vitiate a collective agreement where the parties specifically directed their minds to stipulated amounts and agreed to them without fraud or misrepresentation.

The Board concluded that a binding collective agreement was in effect and the Minister had no authority to appoint a conciliation officer.