2 total
Duty of fair representation complaint dismissed; union's refusal to pursue dovetailing of seniority was reasonable.
The complainants, former employees of Donline Haulage Inc., alleged that the respondent Teamsters Locals breached their duty of fair representation under section 68 of the Labour Relations Act.
Following the acquisition of Donline's assets by Softley Cartage Limited, the complainants sought to have their seniority dovetailed with Softley's employees.
The respondent unions determined that the collective agreements did not support dovetailing and that Softley's employees had vested seniority rights.
The Board found that the unions' decision not to pursue the complainants' seniority claims was reasonable and legally justified.
Although the unions failed to communicate adequately with the complainants, this failure did not constitute a violation of section 68.
The complaint was dismissed.
Union's bargaining rights terminated without a vote after failing to give notice to bargain.
The applicant employee applied to terminate the respondent union's bargaining rights under section 59(1) of the Labour Relations Act.
The union had failed to give the employer notice to bargain within sixty days following certification.
The union did not file a reply and failed to appear at the hearing.
The Board found that the union had slept on its bargaining rights and provided no explanation for its failure to exercise them.
The Board exercised its discretion to terminate the union's bargaining rights without a representation vote.
