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Board dismissed union dues complaint for lack of jurisdiction, holding enforcement belongs at grievance arbitration.
The complainant union filed a complaint under section 89 of the Labour Relations Act alleging the respondent employer violated section 43 by failing to remit deducted union dues.
The parties had previously settled a grievance on the issue by agreeing to submit the dispute to the Ontario Labour Relations Board.
At the hearing, the Board raised the issue of its jurisdiction.
The Board dismissed the complaint, holding that section 43 only requires the inclusion of a dues deduction provision in a collective agreement, while enforcement of such provisions falls under section 50 and must be resolved through grievance arbitration under section 44.
The Board noted that its statutory jurisdiction cannot be expanded by the agreement of the parties.
