Donald Chiasson

The applicant union sought an interim order declaring it the successor union and exclusive bargaining agent for employees in over 200 pending successor rights applications.

The applications arose from a massive inter-union dispute following the purported merger of various Ontario locals of the RWDSU with the Steelworkers, which was contested by the RWDSU International and the UFCW.

The dispute caused widespread confusion and collective bargaining paralysis, prompting employers and the Minister of Labour to seek clarification on which union to deal with.

The Board granted the interim order, declaring the Steelworkers as the interim exclusive bargaining agent to preserve orderly labour relations and allow the collective bargaining process to function until the main applications are resolved.

The complainant, a 17-year employee, was terminated for alleged theft and filed a grievance.

At a settlement meeting with a Grievance Settlement Officer, the complainant, who had limited English, signed a resignation under the mistaken belief it was a temporary measure until his criminal trial concluded.

The union representative failed to explain the document, advise the complainant of his option to arbitrate, or adequately represent him during the meeting.

The Board held that the Grievance Settlement Officer was not compellable to testify due to settlement privilege.

The Board found the union's conduct arbitrary and in violation of section 68 of the Labour Relations Act, directing the matter to be listed for a remedy hearing.