Hamilton Musicians’ Guild Local 293 v. American Federation of Musicians of the United States and Canada
3342-99-U Hamilton Musicians’ Guild Local 293, Applicant v. American Federation of Musicians of the United States and Canada, American Federation of Musicians of the United States and Canada (Canadian Office), Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; February 17, 2000
1This is an application pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") alleging violation of section 74.
2Section 74 states:
"74. 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."
3Section 74 deals with the representation by a trade union of the employees in a bargaining unit. However, the applicant in the instant proceeding is apparently a trade union, not an employee. On its face, the application would appear to have nothing to do with section 74 and the Board is therefore unable to process it.
4If, after reading section 74, a person or persons still wish to pursue this matter before the Board, they must fully comply with the Act and the Board’s Rules of Procedure, including the following. The application must state the names of individual employees who wish to bring the application, along with their addresses and any other information required by Form A-29. The application must also identify the trade union that, at the material time, had bargaining rights to represent those individual employees. And the application must state in detail the material facts relied upon to show how the trade union treated the individual employees in a manner that was arbitrary, discriminatory or in bad faith, contrary to section 74.
5All of the above information must be filed with the Board by no later than March 3, 2000, failing which the application will be deemed terminated. If the information is filed within the prescribed time, and if the matter is otherwise in compliance with the Act and Rules of Practice, the Board will then consider the matter further. In the meantime, this application will not be processed further by the Board.
"Anthony Brown"
for the Board