Ann-Marie Rose v. Retail Wholesale Canada, Canadian division of U.S.W.A.
File No.: 2721-99-U Date: March 14, 2000
Applicant: Ann-Marie Rose Responding Party: Retail Wholesale Canada, Canadian division of U.S.W.A. Intervenor: Commercial Bakeries Corp.
Before: Brian McLean, Vice-Chair.
DECISION OF THE BOARD
1This is an application which alleges a breach of section 74 of the Labour Relations Act, 1995 (the "Act"). The trade union requests that this application be dismissed because among other reasons, it does not disclose a prima facie breach of the Act. By decision dated February 29, 2000, the Board, differently constituted, sought the applicant's response to the union's request. By letter dated March 6, 2000 the applicant filed submissions on the issue with the Board.
2Section 74 states 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.
3Section 74 concerns only the conduct of trade unions. It does not concern the conduct of employers or others.
4In this application and the submissions dated March 6, 2000 the applicant makes no allegations of union misconduct. The submissions all relate to the conduct of Steven Brain. Under these circumstances, even if all of the facts as set out in the application are true, there is no breach of section 74 of the Act.
5Accordingly, the application is dismissed. Under the circumstances, the application is dismissed without prejudice to the applicant's right to file a new application which discloses a breach of section 74 of the Act.
"Brian McLean"
for the Board