3331-99-U Dennis Howard Klawitter, Applicant v. Canadian Auto Workers Local 222, Responding Party v. Mackie Automotive Systems, Division of Mackie Automotive Systems Corporation of Canada, Intervenor.
BEFORE: Russell Goodfellow, Vice-Chair.
DECISION OF THE BOARD; December 27, 2000
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging a breach of section 74.
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.
The applicant claims that the responding party breached section 74 when it refused to assist him by filing a grievance against his discharge from the intervenor.
The responding party and intervenor ask that the application be dismissed for failing to establish a prima facie case of a breach of the Act. In particular, the responding party asserts that “the union is not obliged to solicit grievances”. While that is certainly true, it is not entirely clear from the application that the applicant did not take sufficient steps, directly or indirectly, to solicit the union’s help in a timely way. Indeed, in support of the position that he did not do so, the responding party appears to rely on facts that are at odds with those set out in the applicant’s materials. Accordingly, the Board will list this matter for consultation. The responding party and intervenor will be free to renew their requests at that time.
“Russell Goodfellow”
for the Board