Third-party hospitals denied standing in grievance arbitration as their purely financial interest did not confer participation rights.
The union filed a grievance alleging the employer violated the collective agreement by failing to use reasonable efforts to persuade receiving hospitals to keep transferred employees in the union's pension plan.
Six hospitals applied for third-party standing to participate in the arbitration hearing, arguing they had a significant financial interest in the outcome.
The arbitrator denied the applications for standing, finding that the hospitals' financial interest was analogous to that of a commercial contractor and did not confer a legal entitlement to participate in the hearing, as they asserted no legal claim conflicting with the union's grievance under labour law.
Union can invoke statutory mandatory dues checkoff during the term of a collective agreement.
The union filed a complaint alleging the employer violated section 43(1) of the Labour Relations Act by failing to deduct union dues for all employees in the bargaining unit.
The parties' first collective agreement only required dues deductions for employees who signed an authorization form.
The employer argued that a request under section 43(1) could only be made during collective bargaining, not during the term of an agreement.
The Board held that section 43(1) can be invoked during the life of a collective agreement and directed the employer to comply with the union's request to deduct and remit regular union dues.
