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Appeal dismissed; court lacks jurisdiction over employment dispute rooted in collective agreement.
The appellant appealed the dismissal of his action against his employer and union for conspiracy and collusion.
The Court of Appeal dismissed the appeal, finding that the essential character of the dispute arose from the collective agreement.
Applying the Weber principle and the Labour Relations Act, the court held it lacked jurisdiction over the claims.
The court noted the appellant's proper recourse was to file an unfair representation complaint with the labour board.
Board ordered dovetailing of seniority lists following combination of bargaining units to resolve bargaining impasse.
The employer applied to combine the 'parts' and 'manufacturing' bargaining units following a corporate reorganization.
The parties agreed on a single collective agreement but could not resolve how to merge the seniority lists.
The employer proposed 'dovetailing' based on date of hire, while the union advanced conflicting positions from the two former units.
The Ontario Labour Relations Board exercised its discretion under subsection 7(5) of the Labour Relations Act to resolve the impasse, adopting the employer's dovetailing proposal as the most equitable resolution that respects the employees' accumulated seniority.
