Elliott G. Posen

The union filed unfair labour practice complaints alleging that the employer violated section 72(a) of the Labour Relations Act, 1995 by failing to offer employment to six union members at a new facility following a plant closure.

The six complainants were all past or present members of the union executive.

The employer claimed the decisions were based on performance evaluations and attitude.

The Board found that the employer failed to discharge its burden of proving that the decisions were completely free of anti-union animus, noting inconsistencies in the employer's explanations and evidence of anti-union sentiment.

The applications were allowed.

A group of employees applied to terminate the bargaining rights of the respondent union.

The union challenged the voluntariness of the petition, arguing that three of the four employees who circulated it held positions close to management, which could have unduly influenced the signatories.

The Board found no evidence of actual employer involvement or that employees perceived the circulators as acting on behalf of management.

Despite some inconsistencies in the circulators' testimony, the Board concluded the petition represented the voluntary wishes of the employees and directed a representation vote.

The complainant alleged that his union breached its duty of fair representation under section 60 of the Act.

Following a newspaper report about a hospital error, union officials, acting on unfounded rumours that the complainant leaked the information, organized a meeting and signed a petition demanding his dismissal under threat of an unlawful work stoppage.

The complainant was subsequently discharged.

The Board found that the union officials' actions in demanding his discharge without investigation constituted arbitrary conduct in violation of section 60.

However, the union's later decision not to seek judicial review of an arbitration award upholding the discharge was found not to violate the Act.

The union was ordered to compensate the complainant for lost earnings up to the date of the arbitration award.