Chrisafina Alexiou v. Canadian Union of Restaurant and Related Employees, 1985 CanLII 892

[1985] OLRB Rep. February 147

1744-84-M Chrisafina Alexiou, Complainant, v. Canadian Union of Restaurant and Related Employees, Respondent

BEFORE: Paula Knopf, Vice-Chairman, and Board Members F. Burnet and L. Collins.

APPEARANCES: Martin Levinson and Chrisafina Alexiou for the complainant; Alick Ryder Q. C. and James Whyte for the respondent.

DECISION OF THE BOARD; February 21, 1985

This is an complaint under section 85 of the Labour Relations Act for release of the financial statements of the respondent union. The complainant is a member of that union. Section 85(1) provides:

Every trade union shall upon the request of any member furnish him, without charge, with a copy of the audited financial statement of its affairs to the end of its last fiscal year certified by its treasurer or other officer responsible for the handling and administration of its funds to be a true copy, and, upon the complaint of any member that the trade union has failed to furnish such a statement to him, the Board may direct the trade union to file with the Registrar of the Board, within such time as the Board may determine, a copy of the audited financial statement of its affairs to the end of its last fiscal year verified by the affidavit of its treasurer or other officer responsible for the handling and administration of its funds and to furnish a copy of such statement to such members of the trade union as the Board in its discretion may direct, and the trade union shall comply with such direction according to its terms.

The complainant requested the financial statements from the union for the period August, 1983 to August, 1984 by way of a letter dated September the 15th, 1984. She was offered the 1982-83 statement in person by her union's shop steward in mid-September. The complainant refused to accept that statement. The complainant then launched these proceedings.
The union is opposing the complaint by submitting that the complainant is not bringing these proceedings on her own behalf, but instead is actually acting as an agent for a rival union, the United Food and Commercial Workers Union (UFCW). The UFCW and the respondent union are currently engaged in a series of disputes over representation rights in several locations and they are also involved in several related cases before this Board. Because of the complainant's active support of the UFCW, the respondent union submits that she is acting as an agent of that union, and as such, should be disentitled to the relief she is seeking. Alternatively, it was submitted that the Board ought to use its discretion under section 85 to dismiss the complaint.
The union relied on several aspects of the evidence to establish that the complainant ought to be considered as an agent of the UFCW. Firstly, it was argued that the complainant had not established an independent interest or concern about the material in the financial statements. Secondly, after counsel for the respondent called the complainant's counsel, Mr. Levinson, to testify, Mr. Ryder established that Mr. Levinson's fees for these proceedings were being paid by the UFCW. Thirdly, the complainant has organized employees on behalf of the UFCW by signing up memberships, distributing pamphlets and organizing meetings. Finally, the Board was told that the complainant had refused the union's offer of accepting the current financial statements on the condition that she did not disclose the information to the UFCW.
The respondent union also established in evidence that the UFCW had had the benefit of the receipt of the financial information as the result of a subpoena issued in other proceedings before this Board. Thus, counsel for the respondent union stressed that its reluctance to release information to the complainant was in no way the result of any embarrassment on its part.
On behalf of the complainant, it was admitted that she is a supporter of the UFCW, but it was denied that she was the agent of the UFCW. Alternatively, it was submitted that even if she was an agent of the UFCW, she had the right under section 3 of the Act to have and support the representation of her choice. Further, under section 85 she should have the right to receive the information from a union of which she is a member.
The evidence also disclosed that there is no reason why the financial statements should not be completed within a week of the date of this hearing. The practice of the union is to have the statements which have been completed by their auditors put before the Executive Board. Such a meeting is scheduled for February the 2 1st, 1985. After this, the statements will become available to the membership at large.

THE DECISION

The issue raised in this case has never come before the Board before. Under section 85, the union has an obligation to furnish any member a copy of the audited financial statements upon request. This protects important rights of access to information of the membership. Section 85 does not give the right of access to anyone other than members of the union. In order to enforce the member's rights, the Board is also given discretion to decide to whom the statement ought to be given.
We can see nothing in section 85 or in the scheme of the Labour Relations Act that would lead us to conclude that the complainant has disentitled herself to access to the financial information of her union. Her admitted involvement in and support of a rival union in itself cannot and should not affect her rights under section 85 as a member of the respondent union. Further, we are not satisfied on the evidence that she is in fact an "agent" of the UFCW. While she is certainly an active supporter of the UFCW, the evidence is not sufficient to establish more than that. Given this finding, it is not necessary or appropriate to rule upon the issue of what would be her rights if she was also an agent for UFCW.
In the result, the Board orders that the respondent union deliver to the complainant a copy of the audited financial statement of its affairs to the end of its last fiscal year, being August 31st, 1984. This statement must be certified by its Treasurer or other officer responsible for the handling or administration of its funds. Such a statement and the supporting affidavit which accords with section 85 shall be delivered as soon as practicable to the complainant and the Registrar of the Board after the statement has been approved by the Executive Committee of the union in the usual course of affairs, but in any event, no later than February the 28th, 1985.