The union filed an unfair labour practice application alleging the employer violated section 70 of the Labour Relations Act, 1995 by refusing to provide the names, addresses, and telephone numbers of bargaining unit employees.
The employer argued that disclosure was prohibited by the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).
The Board held that the union's statutory duty to represent employees fairly requires it to have this contact information.
The Board found that the employer's refusal, while bona fide, interfered with the union's representation capacity and constituted an unfair labour practice, as the union's rights under the Act override the privacy protections in MFIPPA in this context.