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Union breached duty of fair representation by failing to notify member of meetings considering his grievance.
The complainant, a doorman, was terminated by the respondent hotel following an altercation with a guest.
The respondent union investigated the grievance but ultimately decided not to proceed to arbitration, citing the complainant's disciplinary record and the merits of the case.
The complainant alleged the union breached its duty of fair representation under section 68 of the Labour Relations Act.
The Ontario Labour Relations Board found that the union acted arbitrarily by failing to properly notify the complainant of the times and places of the Executive and membership meetings where his grievance was considered, depriving him of his right to present his case.
The Board ordered the union to provide the complainant an opportunity to attend and present his case at both meetings.
Board asserts jurisdiction over statutory freeze complaint during certification raid and grants incumbent union intervener status.
The complainant union filed a complaint alleging the employer breached the statutory freeze under section 79(2) of the Labour Relations Act by altering employee privileges while a certification application was pending.
The employer and the incumbent union (intervener) argued the Board should not inquire into the complaint because there was a subsisting collective agreement, the certification application was untimely, and the matter should be deferred to arbitration.
The Board held that section 79(2) applies even when there is an incumbent union and declined to defer to arbitration, noting the complainant was not a party to the collective agreement.
The Board also reconsidered its initial ruling and granted the intervener status to participate in the proceedings.
