Sixteen employees filed an unfair labour practice complaint against their employer, Dufferin Aggregates, alleging that the employer was attempting to destroy the union by assigning work to another company.
The union declined to join the complaint.
The employer raised a preliminary objection, arguing that the employees lacked status to bring the complaint without the union's support and that the Board should defer to arbitration.
The Ontario Labour Relations Board dismissed the preliminary objection, holding that individual employees have status to bring a complaint under section 66(a) of the Labour Relations Act to protect their individual rights, even without union support.
The Board also declined to defer to arbitration, as the complaint alleged a breach of the Act rather than merely a violation of the collective agreement.
