.J. McCarron

The applicant employer bargaining agency alleged that during a province-wide strike in the industrial, commercial and institutional (ICI) sector of the construction industry, the respondent affiliated bargaining agents continued to supply union members to certain contractors.

The Ontario Labour Relations Board found that the supply of men during a province-wide strike constituted an unlawful arrangement contrary to section 146(2) of the Labour Relations Act.

The Board also held that trade unions have an ongoing obligation under section 148(1) to take reasonable steps to ensure that a strike is called and authorized uniformly, and that the respondents breached this duty by permitting members to work.

Cease and desist orders were issued.

The complainant, a former zone affiliate of the respondent employer bargaining agency, alleged that the respondent breached its duty of fair representation under section 151(2) of the Labour Relations Act by excluding it from the Mechanical Trade Bargaining Committee (MTBC).

The complainant had withdrawn from full membership due to concerns over the involvement of non-union employers but sought continued participation in labour relations matters.

The Board found that the respondent acted arbitrarily by failing to properly consult with the complainant regarding negotiations.

The Board ordered the respondent to grant the complainant observer status at MTBC meetings, though it declined to order full voting rights.