22 total
Duty of fair representation complaint adjourned sine die upon agreement to remit compensation issue to arbitrator.
The applicant filed a duty of fair representation complaint against the union, seeking compensation for a specific period following an arbitration award.
At the consultation hearing, the union undertook to remit the compensation issue back to the arbitrator, and the employer agreed not to object.
Based on these undertakings, the Board adjourned the application sine die for a period not exceeding one year.
Duty of fair representation complaint dismissed; union's decision not to reopen collective agreement was reasonable.
The applicant alleged that the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to hold a formal vote of all members on whether to reopen the collective agreement following the announced closure of the employer's facility.
The union had held a meeting where a show of hands supported the leadership's position to allow the agreement to automatically renew.
The Board dismissed the application, finding that it had no authority to oversee the union's internal processes and that the union's decision not to reopen the agreement was reasonable and not arbitrary, discriminatory, or in bad faith.
