Ontario Labour Relations Board
3623-99-U Andre Lussier, Applicant v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721, Responding Party.
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; May 23, 2000
1This is an application filed pursuant to section 96 of the Labour Relations Act, 1995 (the "Act") claiming a violation of section 74 of the Act.
2The style of cause is amended to reflect the correct name of the responding party "International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721".
3The applicant is alleging that the responding party (the "union") has breached its duty of fair representation in regards to finding him regular employment. He claims that at some unspecified time the president of the union promised he would find Mr. Lussier steady work. Mr. Lussier concedes that he did in fact get regular work for a one-year period thereafter. However, since December 17, 1999 Mr. Lussier claims he has only had six days of work although he alleges that there is plenty of work available and workers on permits are being given precedence over him. It appears that Mr. Lussier is referring to the union's hiring hall list. He also alleges that he is slightly handicapped and suggests that may be a reason why he is not getting offered work.
4It appears to the Board that this complaint is more in the nature of a duty of fair referral application under section 75 of the Act, rather than a pure section 74 application. Section 75 states:
- Where, pursuant to a collective agreement, a trade union is engaged in the selection, referral, assignment, designation or scheduling of persons to employment, it shall not act in a manner that is arbitrary, discriminatory or in bad faith.
5The Registrar is directed to send to Mr. Lussier the relevant forms and information bulletin regarding a section 75 application. Mr. Lussier can then consider whether his complaint is a section 75 complaint. If he is of the view that it is, he must seek to amend this application to either include a section 75 violation, or simply to convert the application into a section 75 application. In either case Mr. Lussier would be required to complete the requisite forms and file them in the normal manner with the Board and the responding party within 15 days of the date of this decision.
6The Board is not prepared at this time to address the union's request that this matter be dismissed on a prima facie basis. Should Mr. Lussier choose to amend his application, the union will have the normal time to respond. If he chooses not to, the Board will consider the matter further.
7I will remain seized of this matter at this time.
"Gail Misra"
for the Board