0232-00-U Jennifer Kranjec, Applicant v. I.A.T.S.E. – International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, AFL-CIO, CLC Local 873, Responding Party.
BEFORE: Russell Goodfellow, Vice-Chair.
DECISION OF THE BOARD; June 15, 2000
The Board is in receipt of the reply from the applicant and further submissions from counsel for the responding party.
Having reviewed the various materials submitted, the Board is satisfied that the application does not make out an arguable case of breach of section 74 of the Labour Relations Act, 1995 (the “Act”).
Section 74 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.
This provision is available to bargaining unit members in respect of the quality of representation provided by their trade union to their employer. In this case, the applicant claims to be a member of I.A.T.S.E. Local 800. She wishes to be a member I.A.T.S.E. Local 873. She has applied three times and has been turned down three times. She believes that Local 873 is not treating her fairly with respect to her applications for membership.
Such matters are not covered by section 74. The applicant is not complaining about the quality of representation that her trade union (i.e. Local 800) is providing to her employer. She simply wishes to be admitted into membership in Local 873. Her ability to gain such admission is not regulated by section 74 of the Act.
Accordingly, the application is dismissed.
“Russell Goodfellow”
for the Board