Brendan J. Morgan

The applicant filed an unfair labour practice complaint alleging the union breached its duty of fair representation by encouraging him to resign in July 1999.

The application was filed almost two years later, in June 2001.

The applicant argued the delay was due to depression and financial constraints.

The Board exercised its discretion to dismiss the application, finding that a delay of almost two years was unjustified, not adequately explained by the applicant's medical or financial circumstances, and highly prejudicial to the union and the employer.

The complainant trade union filed an unfair labour practice complaint alleging that the respondent employer violated the Labour Relations Act by making intimidating comments to a union official and subsequently laying him off from his position as an assistant dispatcher.

The employer claimed the layoff was due to a business slowdown and the employee's loss of his driver's licence.

The Ontario Labour Relations Board found that the employer failed to discharge its burden of proving that the layoff was free from anti-union animus.

The Board concluded that the elimination of the assistant dispatcher position was motivated, at least in part, by the employee's participation in Board proceedings and his union activity.

The Board ordered the employer to reinstate the employee with full compensation and to post a notice in the workplace.