The applicants, representing occasional teachers, sought interim relief and filed a complaint alleging the OSSTF and the Toronto District School Board breached the Labour Relations Act.
They argued that a new collective agreement for full-time teachers effectively eliminated the work of occasional teachers, breaching the OSSTF's duty of fair representation and the employer's duty not to interfere with a trade union.
The Ontario Labour Relations Board dismissed the application, holding that a union's duty of fair representation only applies when it is actively representing that specific bargaining unit, and that the employer's agreement to terms impacting another unit's work did not constitute statutory interference.
