Ontario Labour Relations Board
Between:
Wayne Clarke, Barry Thompson, Ron O’Brien, Pat Boyle, Applicants v. Dale Beaulieu, Mike Cummings, Labourer’s International Union of North America, Local 597, Responding Parties.
BEFORE: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD
1By decision dated August 17, 2000, the Board asked for representations from the applicants as to whether this matter ought to be dismissed. Representations were received and reviewed by the Board.
2The responding party had indicated in its response that this was an internal trade union matter and as such section 74 of the Labour Relations Act, 1995 (“the Act”) did not apply.
3Section 74 of the Act states,
- 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.
4The Act clearly indicates that the trade union’s duty of fair representation is in relation to the representation of its members in their employment relationship with an employer. The section does not provide protection in relation to matters that are internal to the trade union.
5This application is related entirely to the amalgamation of the locals of the trade union. There is nothing in the further representations of the applicants which indicates that this is anything but a disagreement over an amalgamation of locals of the trade union.
6There can be no violation of section 74 of the Act even if all of the allegations of the applicant are true and accordingly, the application is dismissed.
“Stephen Raymond”
for the Board