2 total
Duty of fair representation complaint regarding ratification vote dismissed for lacking prima facie case.
The applicants, a group of employees, alleged that the union violated its duty of fair representation and the statutory requirements for ratification votes by failing to explicitly inform them that their employment with the employer was terminated following the sale of their plant.
The union brought a motion to dismiss the application for failing to make out a prima facie case.
The Board found that the union had accurately described the settlement terms at the ratification meeting and could not be faulted for the applicants' erroneous assumptions.
The Board exercised its discretion to dismiss the application without a hearing, concluding there were no material facts to support the allegations of bad faith, dishonesty, or misrepresentation.
Duty of fair representation complaint dismissed; union did not mislead employees on early retirement options.
The applicants, employees of General Motors, filed a complaint alleging that their union breached its duty of fair representation under section 69 of the Labour Relations Act.
They claimed the union misled them regarding early retirement options and failed to vigorously pursue grievances when they attempted to rescind their irrevocable retirement applications.
The Board found no evidence of misrepresentation, noting that the new buyout option was not intended for employees who had already accepted previous retirement packages.
The Board also held that the union's refusal to process grievances it deemed meritless was not arbitrary, discriminatory, or in bad faith.
The complaint was dismissed.
