D. Wray

The appellant union refused to proceed with a part-time employee's dismissal grievance, arguing part-time employees had no grievance rights under the collective agreement.

The Canada Labour Relations Board found the union breached its statutory duty of fair representation and ordered the grievance to proceed to arbitration at the union's expense.

The union sought judicial review, alleging the Board exceeded its jurisdiction.

The Supreme Court of Canada held that the Board's decision was protected by a privative clause and its interpretation of its statutory powers was not patently unreasonable, thus no jurisdictional error occurred.

The appeal was quashed.

The union applied for certification and filed an unfair labour practice complaint regarding the discharge of a key union organizer.

A group of employees filed a petition opposing the union.

The Board found the petition was not proven to be voluntary due to the presence of a management member during its signing, and certified the union without a vote.

Regarding the discharge, the Board found the employer proved the employee was fired for an unauthorized after-hours entry onto company property, not for his union activities.

The unfair labour practice complaint was dismissed.