Patrick Milloy

The corporate respondent in a human rights application alleging discrimination on the basis of sexual orientation requested an order for the production of documents from a non-party, the City of Windsor.

The requested documents related to a municipal investigation into the applicant's complaint about the same incident.

The Tribunal found the documents to be arguably relevant and ordered the City of Windsor to produce them, subject to the right to redact personal information.

The union applied for certification of a tag-end bargaining unit including Operations Supervisors at Transit Windsor.

The employer argued that the Operations Supervisors exercised managerial functions and should be excluded under section 1(3)(b) of the Act.

The majority of the Board found that the Operations Supervisors exercised significant disciplinary powers, including issuing warnings and suspensions, which created a conflict of interest with bargaining unit employees.

The Board concluded that the Operations Supervisors exercised managerial functions and excluded them from the bargaining unit.

A dissenting member would have included them, finding their disciplinary role to be merely administrative.

The applicant union applied for a direction to settle a first collective agreement by arbitration under section 40a of the Labour Relations Act.

The union alleged that the employer failed to make reasonable and expeditious efforts to conclude a collective agreement and maintained uncompromising positions without reasonable justification.

The Board found that the employer's insistence on including anti-union philosophy language from its personnel manual and an overly broad job security clause restricting the union's ability to bargain regarding outsourcing with other employers constituted uncompromising positions without reasonable justification.

The Board concluded that the collective bargaining process had been unsuccessful due to these positions and directed the settlement of a first collective agreement by arbitration.