2 total
Union certified in combined bargaining unit; section 8.1 support threshold applies only to proposed unit.
The union applied for certification to represent a bargaining unit of full-time drivers and mechanics.
The employer responded by proposing a combined full-time and part-time unit and gave notice under section 8.1 of the Labour Relations Act.
A representation vote was held, and the union won a majority in the combined unit but lost in the full-time only unit.
The parties then swapped their positions on the appropriate unit.
The Board found the combined unit appropriate and held that section 8.1 only requires the union to have 40 percent membership support in the unit proposed in its application, not the unit ultimately found appropriate.
The union was certified to represent the combined unit.
Union breached duty of fair representation by failing to communicate decision, but no remedy ordered.
The applicant filed a duty of fair representation complaint against the union, alleging it failed to diligently pursue his discharge arbitration and failed to respond to his agent's request to raise an Occupational Health and Safety Act argument.
The Board dismissed the delay allegation, finding no evidence the union caused the arbitration delays.
However, the Board found the union's failure to communicate its decision not to pursue the OHSA argument constituted arbitrary conduct in violation of section 74 of the Labour Relations Act.
The Board allowed the complaint in part but declined to order a remedy, as the applicant had since received an answer and the breach was not egregious.
