The complainant filed unfair labour practice complaints alleging that the respondent union and its officials violated sections 3, 68, and 70 of the Labour Relations Act by wrongfully cancelling his union membership.
The respondents brought a preliminary motion to dismiss the complaints for failing to make out a prima facie case.
The Ontario Labour Relations Board granted the motion and dismissed the complaints, finding that section 3 does not create a substantive offence, section 68 only applies to employees in a bargaining unit (which the complainant was not), and section 70 requires an element of intimidation or coercion to compel a person, which was not alleged in the mere cancellation of membership.
