M. Pupeza

The complainant and several other employees were dismissed from their employment for refusing to become members of the union, as required by a union shop clause in the collective agreement.

The complainant alleged that the union and employer violated the Labour Relations Act by enforcing the clause and failing to provide sufficient particulars of the membership requirements.

The complainant also argued that compulsory union membership violated the Canadian Charter of Rights and Freedoms.

The Ontario Labour Relations Board dismissed the complaint, finding that the employees had reasonable notice and opportunity to join the union but simply refused to do so.

The Board also held that the Charter does not apply to private sector collective agreements.

The applicant trade union applied for certification under the construction industry provisions of the Labour Relations Act.

The Mechanical Contractors Association of Ontario (MCAO), the designated employer bargaining agency for the ICI sector, sought to be made a party to the proceedings.

The MCAO argued it had a direct interest because it would become the employer's bargaining agent if certification was granted, and because the threshold issue of whether the work was construction work affected its members.

The Board denied the MCAO's request, finding that an employer bargaining agency's statutory role is limited to collective bargaining and does not grant it a direct legal interest in certification proceedings or the determination of threshold jurisdictional issues.