J. Cameron Nolan

The applicants filed unfair labour practice complaints alleging the union breached its duty of fair representation and duty of fair referral under sections 74 and 75 of the Labour Relations Act.

One applicant alleged the union failed to pursue a grievance regarding his removal as a steward.

The Board found the union's interpretation of the collective agreement was reasonable and dismissed this claim.

Both applicants also alleged they were improperly bypassed on the hiring hall list since 1994.

The Board dismissed these claims due to a lack of specific pleadings regarding who was improperly assigned work and the untimeliness of the allegations.

The union filed a grievance claiming that its members were entitled to a travel allowance under the provincial collective agreement when dispatched to the employer's fabrication shop, which was located outside the travel-free zone.

The employer argued that the collective agreement did not apply to its shop operations, which it characterized as manufacturing rather than construction.

The Ontario Labour Relations Board dismissed the grievance, finding that the collective agreement distinguished between job sites and shops, and that the travel allowance provision was not intended to apply to tradesmen dispatched to a permanent shop.

The complainants, members of IBEW Local 105, alleged that the respondents violated the Labour Relations Act by performing industrial, commercial, and institutional (ICI) sector construction work under a maintenance agreement rather than the provincial agreement.

The respondents moved to dismiss the complaint for lack of standing and failure to disclose a prima facie case.

The Ontario Labour Relations Board dismissed the complaint, finding that the complainants lacked standing because they were not employees in the bargaining unit, had not worked under the agreement, and had not been refused employment.

Consequently, their interests were too remote to establish a violation of the Act.