2 total
Duty of fair representation complaint dismissed; union reasonably concluded layoff followed collective agreement.
The applicant, a union member, filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to file a grievance over his layoff.
The applicant claimed he was improperly laid off while another worker was retained.
The Board found that the union investigated the complaint and reasonably concluded that the layoff was conducted in accordance with the collective agreement's 'last in, first out' practice.
The application was dismissed as there was no evidence of arbitrary, discriminatory, or bad faith conduct by the union.
Board establishes separate elementary and secondary bargaining units for occasional teachers but rejects short-term/long-term division.
The applicant union sought certification for a single bargaining unit of all occasional teachers employed by the respondent board of education.
The respondent argued for four separate units, dividing teachers by elementary/secondary panels and by short-term/long-term assignments.
The Ontario Labour Relations Board rejected the short-term/long-term division, finding it would cause undue fragmentation given the fluid nature of occasional teaching assignments.
However, the Board accepted the division between elementary and secondary panels, citing historical dichotomies, different qualifications, and distinct bargaining priorities.
The Board also determined that its standard 'thirty day rule' would apply to calculate the number of employees in the bargaining units at the time of the application.
