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Preliminary objections to unfair labour practice complaint dismissed despite applicant not being an employee.
The applicant, a former teacher dismissed by the Greater Essex County District School Board, filed an unfair labour practice complaint against the Windsor-Essex Catholic District School Board after it banned him from its property.
The Catholic Board raised preliminary objections, arguing the applicant was never its employee, failed to exhaust internal appeals, and sought an impossible remedy.
The Ontario Labour Relations Board dismissed the preliminary objections, finding that section 87(1) of the Labour Relations Act could apply, deferral to internal appeals was not mandatory, and alternative remedies might be available even if the specific requested remedy was unlikely.
Certificate granted to trade union to represent occasional teachers not covered by existing bargaining units.
The applicant trade union applied for certification to represent occasional teachers employed by the respondent school board.
The Board found that the applicant was a trade union and that the proposed bargaining unit of occasional teachers was appropriate.
The Board determined that occasional teachers were not covered by existing collective agreements with other unions, as they had been historically overlooked and fell under the Labour Relations Act by default.
Finding that more than fifty-five percent of the employees in the unit were members of the applicant, the Board granted the certificate.
