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Duty of fair representation complaint dismissed as union's refusal to grieve lacked arbitrary or discriminatory conduct.
The complainant, an occasional supply teacher, alleged that his union breached its duty of fair representation under section 68 of the Labour Relations Act by failing to file grievances regarding his failure to obtain a permanent teaching position, his lack of access to his complete personnel file, and his failure to obtain teaching assignments after June 1986.
He also alleged that the union violated section 72(5) and (6) by providing insufficient notice of a general meeting.
The Board dismissed the complaints, finding that the collective agreement did not provide rights to permanent employment or complete personnel file access, and that the union's handling of his lack of assignments was not arbitrary, discriminatory, or in bad faith.
The Board also found no violation regarding the meeting notice.
Mass resignation of summer school teachers to exert collective bargaining pressure constituted an unlawful strike.
The complainant school board alleged that a mass resignation by summer school principals, vice-principals, and curriculum resource teachers constituted an unlawful strike under the Labour Relations Act, and that the teachers' union encouraged it.
The union had issued a 'pink letter' advising members not to accept summer positions due to a collective bargaining impasse.
The Board found that the resignees were employees who had already commenced preparatory duties, and their coordinated resignations to exert bargaining pressure amounted to an unlawful strike.
The Board issued a cease and desist direction against the union and its District 16 president for counselling and supporting the unlawful strike.
