2 total
Duty of fair representation application dismissed; union reasonably relied on legal counsel to settle grievance.
The applicants, employees in the Quality Assurance Test Lab, alleged that their union breached its duty of fair representation under section 74 of the Labour Relations Act by withdrawing their classification grievance on the day of the scheduled arbitration.
The union had settled the grievance by securing an upgrade for another group of employees (MQS) while withdrawing the QA employees' claim, based on union counsel's opinion that the QA grievance lacked merit.
The Board found that the union's decision was not arbitrary, discriminatory, or in bad faith, as it was based on a thorough review of the facts and a legal opinion.
The application was dismissed.
Consent order issued awarding $6,000 in damages for inaccessible movie theatre.
The complainant, a wheelchair user, alleged that the respondents operated inaccessible motion picture theatres, violating his rights under the Human Rights Code.
The respondents acknowledged the breach of the complainant's rights, noting that the theatre in question had been closed.
The Board of Inquiry issued a consent order declaring the infringement, prohibiting the future operation or subletting of the theatre, and awarding the complainant $6,000 in general damages.
