[1994] OLRB Rep. June 677
0773-93-U; 0774-93-U; 1362-93-U; 0178-94-U; 0179-94-U Mary Anne Green, CAW Local 222 Union Member, Applicant v. John Caines, CAW Local 222 Union Plant Chairperson, Responding Party v. General Motors of Canada Limited ("GMCL"), Intervenor; Mary Anne Green, CAW Local 222 Union Member, Applicant v. B. ("Buzz") Hargrove, CAW National Union President, Responding Party v. General Motors of Canada Limited ("GMCL"), Intervenor; Mary Anne Green, Applicant v. B. (Buzz) Hargrove, CAW Union National President; John P. Caines, CAW Local 222 Plant Chairperson, Responding Parties v. General Motors of Canada Limited ("GMCL"), Intervenor; Mary Anne Green, CAW Local 222 Union Member, Applicant v. National Automobile Aerospace & Agricultural Implement Workers Union of Canada (CAW-Canada), (1) National Union, (2) Local 222 Union, Responding Party; Mary Anne Green, Applicant v. General Motors of Canada Ltd., Responding Party
BEFORE: R. O. MacDowell, Alternate Chair.
APPEARANCES: Mary Ann Green appearing on her own behalf; L. N. Gottheil, John Kovacs and John Caines for the responding parties; Jeff Koch fof the intervenor.
DECISION OF THE BOARD; June 7, 1994
I - Introduction
1This is the complaint of Mary Ann Green, who contends that the "union", the "company" and certain individuals have contravened various sections of the Labour Relations Act.
2The provisions of the Act to which reference will be made are 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.
82.-(1) No employer, employers' organization or person acting on behalf of an employer or employers' organization shall,
(a) refuse to employ or continue to employ a person;
(b) threaten dismissal or otherwise threaten a person;
© discriminate against a person in regard to employment or a term or condition of employment; or
(d) intimidate or coerce or impose a pecuniary or other penalty on a person,
because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act.
(2) No trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions shall,
(a) discriminate against a person in regard to employment or a term or condition of employment; or
(b) intimidate or coerce or impose a pecuniary or other penalty on a person.
Because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act.
74.-(l) Where a collective agreement is in operation, no employee bound by the agreement shall strike and no employer bound by the agreement shall lock out such an employee.
(2) Where no collective agreement is in operation, no employee shall strike and no employer shall lock out an employee until the Minister has appointed a conciliation officer or a mediator under this Act and,
(a) seven days have elapsed after the day the Minister has released or is deemed pursuant to subsection 115 (3) to have released to the parties the
report of a conciliation board or mediator; or
(b) fourteen days have elapsed after the day the Minister has released or is deemed pursuant to subsection 115 (3) to have released to the parties a
notice that he or she does not consider it advisable to appoint a conciliation board.
(3) No employee shall threaten an unlawful strike and no employer shall threaten an unlawful lock-out of an employee.
(4) A strike vote or a vote to ratify a proposed collective agreement taken by a trade union shall be by ballots cast in such a manner that persons expressing their choice cannot be identified with the choice expressed.
(5) All employees in a bargaining unit, whether or not the employees are members of the trade union or of any constituent union of a council of trade unions, shall be entitled to participate in a strike vote or a vote to ratify a proposed collective agreement.
(6) Any vote mentioned in subsection (4) shall be conducted in such a manner that those entitled to vote have ample opportunity to cast their ballots.
3It may be useful to briefly consider how those sections of the Act have been