The complainant union filed an unfair labour practice complaint alleging that the respondent employer violated sections 64 and 66 of the Labour Relations Act by discharging a grievor without first holding a pre-disciplinary meeting with union representation.
The grievor's discharge had already been upheld at arbitration, where the arbitration board found the collective agreement provision regarding pre-disciplinary meetings to be directory only.
The Ontario Labour Relations Board upheld the employer's preliminary objection, finding that the failure to hold a meeting did not constitute a prima facie violation of the statutory right to representation, as the grievor was not confronted by the employer in an imbalance of power and was fully represented during the grievance and arbitration process.
The complaint was dismissed.
