Tom Patterson

The objectors sought to set aside the results of a representation vote in a union certification application, alleging irregularities including improper challenges to voter eligibility, electioneering by union supporters, and intimidation near the polling area.

The Ontario Labour Relations Board dismissed the objections, finding that the segregation of a challenged ballot followed standard procedure and did not compromise ballot secrecy.

The Board also found that the alleged electioneering and the presence of a union supporter near the polling area did not violate any specific Board direction, destroy the secrecy of the vote, or prevent the vote from revealing the true wishes of the employees.

During an application for certification, the objectors argued that the applicant union's charges of employer misconduct and its request for certification without a vote under section 8 of the Labour Relations Act were not filed promptly as required by Rule 72.

The Board held that the union's obligation to file particulars regarding the voluntariness of employee petitions arose only when it was officially notified of the petitions by the Board, and the union acted promptly thereafter.

The Board also declined to strike the section 8 claim, noting that its timing did not cause any adjournment, prejudice, or delay.

The complainant alleged that the union breached its duty of fair representation under section 68 of the Labour Relations Act by failing to process his discharge grievance to arbitration and by failing to properly represent him in other matters.

The Board found that the union had considered the merits of the grievance, including the complainant's disciplinary record and the likelihood of success at arbitration, before the membership voted against proceeding.

The Board concluded that the union's decision was not arbitrary, discriminatory, or in bad faith, and dismissed the complaint.