Ontario Labour Relations Board
0219-00-U David Bonar and Eugene Kunz, Applicants v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 385, Responding Party v. The Coca-Cola Bottling Company, Intervenor.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; August 22, 2000
1The style of cause is hereby amended to reflect the correct name of the responding party: "National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 385".
2This is an application under section 96 of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended ("the Act") in which the applicant claims that the responding trade union ("the union") has violated section 74 of the Act.
3The applicants were employed by the intervenor. They elected to accepted voluntary retirement packages and retired early in 1998. The applicants complain that the union failed to represent them properly at the time and that it ought to have pursued a grievance on their behalf to arbitration challenging the retirement package they received. They claim the documents presented to them were ambiguous and confusing. They allege the union did not take steps to assist them to clarify the content of the package, which they now believe to be prejudicial to them.
4The difficulty with the applicants' complaint is that they both signed Election Forms accepting the retirement package. In those Forms they admit that "the program has been fully explained to me, and I understand that I cannot change my election at a later date". The applicants have been given an opportunity by the Board to dispute their signing the Election Forms, but they have not availed themselves of it.
5In the circumstances there is no basis upon which the applicants can claim that the union failed to represent them in respect of the retirement package, which they voluntarily accepted. The application is dismissed.
"Christopher J. Albertyn"
for the Board