John Montgomery

The applicant in a human rights proceeding alleging discrimination based on marital status, sex, and reprisal brought a Request for Order During Proceeding seeking the production of documents.

The Tribunal ordered the respondent to produce information regarding the gender makeup of its workforce during the applicant's employment, finding it arguably relevant to the workplace context.

However, the Tribunal denied the request for the gender identity of employees' IBI Competency scores, finding it not arguably relevant to the applicant's claim that his termination was a reprisal for an earlier sexual harassment complaint.

The applicant requested a hearing regarding the constitution of a pension plan's advisory committee.

A pre-hearing motion was held to determine whether separate notice of the jurisdictional hearing needed to be provided to former members of the plan.

The Tribunal found that the union's acknowledgement of its fiduciary duty to represent all members, including former members, was sufficient.

The Tribunal declined to order additional notice to former members.

The applicants filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by refusing to advance their grievances to arbitration.

The grievances concerned the method of integrating employees affected by a consolidation of operations, specifically the dovetailing of seniority.

The Board found that the union's interpretation of the collective agreement was not unreasonable and that there was no evidence of arbitrary, discriminatory, or bad faith conduct.

The Board exercised its discretion under section 96 of the Act to dismiss the complaint without a hearing.