The complainant, a casual employee, alleged that the union breached its duty of fair representation under section 68 of the Labour Relations Act by negotiating a collective agreement provision that limited the employment of casual employees to two periods.
The union argued the provision was necessary to prevent the erosion of the permanent bargaining unit and to force the employer to make casual employees permanent.
The Ontario Labour Relations Board dismissed the complaint, finding that the union had objective justification for its actions and that the ratification process was fair, with casual employees receiving full notice and opportunity to participate.
