G. Weir

The applicant filed a complaint alleging that the respondent union violated the Labour Relations Act by intimidating and coercing employees during a strike vote and a ratification vote, and sought to terminate the union's bargaining rights.

The Board found no evidence of intimidation or coercion, noting that the union's timing of the votes to protect its bargaining rights was a reasonable business practice.

The Board dismissed the unfair labour practice complaint and subsequently dismissed the application for termination of bargaining rights as untimely due to the existence of a valid collective agreement.

The applicant union referred a discharge grievance to the Board for arbitration under section 112a of the Labour Relations Act.

The respondent employer raised a preliminary objection that the referral was untimely.

The Board found that the applicant had delayed progressing the grievance from October 1980 to February 1981 without providing any reasons for the inaction.

Balancing the delay against the potential prejudice to the respondent, the Board declined to exercise its discretion under section 37(5a) of the Act to extend the time limits.

The grievance was deemed not arbitrable and the application was dismissed.