Ontario Labour Relations Board
[1994] OLRB Rep. May 519
3315-93-U Daniel Adusei and Felicia Adusei, Applicants v. Ontario Nurses' Association, Responding Party v. Clarke Institute of Psychiatry, Intervenor
BEFORE: Gail Misra, Vice-Chair.
APPEARANCES: Daniel Adusei and Felicia Adusei for the applicants; Risa Pancer, Maureen O'Halloran, Beverly Mednick, Noelle Andrews and Pauline Lefebvre-Hinton for the responding party; Jennifer Wootton Regan, Janice Baker and Joan Snapp for the intervenor.
DECISION OF THE BOARD: May 17, 1994
Decision
- This is an application pursuant to section 91 of the Labour Relations Act alleging a violation of section 69. Section 69 sets out the duties and responsibilities of the trade union with respect to representation of bargaining unit members as follows:
- A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
The applicants were not represented by counsel at the hearing. At the outset of the hearing, the Board explained to the applicants that, although it is entirely proper to appear before the Board without counsel, applicants who do so incur the risk of so doing. It was explained to the applicants that the Board, as an adjudicative body, was unable to guide them in determining what evidence they should call to support their case, and that they would be entirely responsible for the calling of evidence and the making of submissions to the Board. The applicants indicated that they understood these remarks. The Board outlined to the applicants that they would have the right to call witnesses, cross-examine any witnesses called by the other parties, and the Board also explained the general order of proceeding.
The applicants have made a number of allegations against the Ontario Nurses Association (hereinafter referred to as "ONA", the "union", or the "responding party") which are claimed to constitute breaches of section 69 of