Union breached duty of fair representation through nepotism and arbitrary job referrals in its hiring hall.
The complainant, a union member, alleged that his union and its business agent violated sections 69 and 70 of the Labour Relations Act by administering the hiring hall in an arbitrary, discriminatory, and bad faith manner, and by engaging in intimidation.
The Ontario Labour Relations Board found overwhelming evidence of nepotism, patronage, and arbitrary job referrals that favored the business agent's family and political allies while penalizing opponents.
The Board upheld the section 69 complaint, ordering extensive remedial measures including the drafting and posting of clear hiring hall rules, the appointment of an independent auditor, and compensation for the complainant's lost wages.
The section 70 complaint regarding intimidation was dismissed for lack of evidence.
Joe Portiss v. Labourers' International Union of North America, Local 1089, 1983 CanLII 828
