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Duty of fair representation complaint dismissed; union not required to follow grievor's instructions on arbitration strategy.
The applicant filed a duty of fair representation complaint against her union, alleging it violated section 74 of the Labour Relations Act, 1995 by failing to present arguments and evidence regarding systemic race discrimination at her discharge grievance arbitration.
The Board dismissed the application, finding that the union had carriage of the grievance and was not obligated to follow the applicant's instructions on how to present the case, provided it fairly and carefully considered her suggestions.
The Board noted that the union had vigorously and thoroughly represented the applicant by advancing other arguments, including a poisoned work environment and differential treatment.
Union breached duty of fair referral by bypassing member on out-of-work list without justification.
The applicant, a journeyman steamfitter, filed a complaint alleging that his union, Local 463, breached its duty of fair referral under section 70 of the Labour Relations Act.
The union bypassed the applicant on the welders' out-of-work list and referred two members below him to a job at a Canadian Armed Forces base without offering him the opportunity to test for the position.
The union argued it needed to send welders proficient in the 'downhand' technique to ensure the union contractor succeeded on the job.
The Board found that the union's representatives acted arbitrarily and discriminatorily by ignoring the hiring hall's working rules and relying on subjective opinions rather than offering the applicant the required test.
The Board declared a breach of section 70 and ordered the union to compensate the applicant for lost wages and benefits.
