Ontario Labour Relations Board
1193-00-U Wayne Clarke, Barry Thompson, Ron O’Brien, Pat Boyle, Applicants v. Dale Beaulieu, Mike Cummings, Labourers’ International Union of North America, Local 597, Responding Parties.
BEFORE: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD; August 17, 2000
This is an application brought pursuant to section 74 of the Labour Relations Act, 1995 (“the Act”) that the responding parties have failed to represent the applicants in accordance with the Act. Section 74 provides that the responding party has a duty of fair representation to its members and that it must carry out that duty in a manner that is not arbitrary, discriminatory or in bad faith.
The responding parties take the position that the application should be dismissed for failing to set out a prima facie case. They argue that section 74 only protects bargaining unit members in relation to their relationship with an employer and the union’s representation of the members in that employment relationship. They argue that section 74 does not protect members in relation to internal union matters, such as the amalgamation of locals.
It is clear that this application is in relation to the duty of fair representation in an internal union matter and if the responding parties are correct that the application ought to be dismissed.
The applicants are directed to file with the Board written submissions on whether the application ought to be dismissed. Those submissions must be filed by September 8, 2000. If the responding parties wish to respond they must do so by September 22, 2000.
I will remain seized.
“Stephen Raymond”
for the Board