2 total
Board determines bargaining unit composition, excluding service employees and one managerial employee.
The applicant union applied for certification under the construction industry provisions of the Labour Relations Act.
The Board considered the report of a Labour Relations Officer regarding the status of six employees.
The Board found that three employees who performed warranty inspections and repairs were service employees, not construction labourers, and were excluded from the bargaining unit.
Of the three employees challenged as managerial, the Board found one was excluded under section 1(3)(b) of the Act as he retained superintendent responsibilities, while the other two were working foremen and included in the unit.
Duty of fair representation complaint dismissed due to extreme and unjustified delay of over two years.
The complainant filed a duty of fair representation complaint against her union over two and a half years after she was discharged by her employer.
Following her discharge, the union declined to file a grievance, and the complainant pursued remedies against the employer through the Human Rights Commission and the courts.
The Board dismissed the complaint without inquiring into the merits, finding that the extreme delay prejudiced the union and that the complainant's pursuit of other remedies against the employer did not justify the delay in proceeding against the union.
