2 total
Duty of fair representation complaint dismissed; union owed no duty regarding post-resignation reference letter.
The complainant, a registered nurse, voluntarily resigned from her employment to take a new position, which was subsequently withdrawn due to a negative reference letter from her former employer.
The respondent union gratuitously grieved the reference letter and the employer's refusal to rehire her, but was unsuccessful at arbitration.
The complainant filed a complaint alleging the union breached its duty of fair representation under section 68 of the Labour Relations Act.
The Ontario Labour Relations Board dismissed the complaint, holding that the union's duty of fair representation extends only to matters within its exclusive bargaining rights, and does not cover post-resignation reference letters or refusals to rehire.
Grievor who sought both professional and trade employment took reasonable steps to mitigate damages.
Following a finding that the respondent unlawfully terminated the grievor's employment, the parties were unable to agree on the amount of compensation owed.
The respondent argued that the grievor failed to mitigate his loss by spending the majority of his job search time pursuing professional employment rather than trade employment.
The Board found that the grievor, who was qualified for both professional and trade positions, took reasonable steps to mitigate his loss by seeking employment in both fields.
The Board ordered the respondent to pay compensation for lost wages and to provide vacation credits that would have accrued but for the unlawful termination.
