2363-00-U Maria Andrade, Applicant v. Universal Workers Union, L.I.U.N.A. Local 183, Responding Party.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; August 7, 2001
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) in which the applicant asserts that the responding party trade union (the “union”) has violated section 74 of the Act.
The union filed a response in which it requests the Board dismiss the application for failing to establish a prima facie violation of the Act. Section 74 reads 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.
The applicant has set out very little in the way of material facts to support her assertion that the union violated section 74. The only material facts relied upon by the applicant is a letter dated October 21, 2000 which is attached to the application. I will not reproduce the contents of the letter as it relates to a rather sensitive subject matter. It is sufficient to note that the applicant alleged that a fellow employee acted in an entirely inappropriate manner towards her, which she claims constitute sexual harassment. There is no mention whether this allegation was brought to the attention of the union and if it was, what the union did in response. In other words, there is nothing which has been pleaded indicating that the union acted in a manner which could be characterized as being arbitrary, discriminatory or in bad faith. There is simply nothing pleaded at all with respect to the behaviour of the union.
The Board hereby dismisses this application for failing to establish a prima facie violation of section 74 of the Act.
“John Morgan Lewis”
for the Board