Donald F.O. Hersey, Q.C.

The complainant, a registered nurse, filed complaints against her trade union and employer alleging violations of the Labour Relations Act, including a breach of the duty of fair representation.

The respondents moved to dismiss the complaint without a hearing on the merits, arguing it did not disclose a prima facie case.

The Board dismissed the motion, finding that the complaint raised complex questions of fact and law that were inappropriate to determine as a preliminary matter, though it dismissed the section 64 allegation for lack of standing.

The union applied for a declaration that several corporate respondents constituted a single employer under s. 1(4) of the Labour Relations Act, or alternatively, that a sale of a business occurred under s. 63 following a corporate reorganization.

The Board found that the companies were not under common control or direction and did not engage in related activities, dismissing the s. 1(4) application.

However, the Board found that a sale of a business had occurred with respect to the plant employees of Marson Canada Inc., Swingline/Rexel Inc., and Wilson Jones, Division of Acme Seeley Inc. The Board found no sale of a business regarding the office employees of Swingline/Rexel Inc. and Wilson Jones, as they were newly hired or performing different functions, but did find a sale regarding Marson Canada Inc.'s office employees.

The complainant, a registered nurse, voluntarily resigned from her employment to take a new position, which was subsequently withdrawn due to a negative reference letter from her former employer.

The respondent union gratuitously grieved the reference letter and the employer's refusal to rehire her, but was unsuccessful at arbitration.

The complainant filed a complaint alleging the union breached its duty of fair representation under section 68 of the Labour Relations Act.

The Ontario Labour Relations Board dismissed the complaint, holding that the union's duty of fair representation extends only to matters within its exclusive bargaining rights, and does not cover post-resignation reference letters or refusals to rehire.