Ed Majewski

The respondents brought a preliminary request to dismiss the human rights application under s. 45.1 of the Code, arguing the substance had been dealt with through a union grievance and a WSIB decision, or alternatively for lack of timeliness.

The Tribunal found that the withdrawal of a grievance and multi-party meetings did not constitute a 'proceeding' under s. 45.1.

The WSIB decision was prospective and did not deal with the substance of the complaint.

The Tribunal also found the application was timely as it alleged a series of incidents continuing up to the filing date.

The preliminary requests were dismissed and the matter was directed to proceed to a hearing on the merits.

The individual employees filed an application alleging that the union announced false results for a ratification vote, claiming that 79 employees swore affidavits stating they voted against ratification, despite the union reporting only 39 votes against.

The union brought a motion to dismiss the application without hearing evidence, arguing that allowing post-vote evidence would undermine the secret ballot process mandated by the Labour Relations Act.

The Ontario Labour Relations Board dismissed the union's motion, deciding that given the unprecedented nature and seriousness of the fraud allegations, it would hear the employees' evidence before determining the legal and policy implications.