22 total
Adjournment granted to add an affected individual as a party in an unfair labour practice complaint.
The complainant alleged that an individual held both a managerial function and a union position, resulting in a breach of the duty of fair representation and a violation of the Labour Relations Act.
The complainant sought relief that would effectively bar the individual from the bargaining unit.
The Board raised concerns that the individual had not been named as a party.
The complainant requested an adjournment to add the individual as a party, which the respondents opposed due to previous delays.
The Board granted the adjournment, finding that it would be a denial of fundamental justice to proceed without giving the affected individual notice and party status.
Application for certification dismissed as applicant failed to prove trade union status due to lack of properly elected officers.
The applicant sought certification as a bargaining agent.
As it had not previously been found to be a trade union, the Board held a hearing on this threshold issue.
The evidence showed that while the applicant had drafted and approved a constitution, it had failed to elect officers in accordance with that constitution, nor had it ratified the officers acclaimed prior to the constitution's adoption.
Applying the five-step test from Associated Hebrew Schools of Toronto, the Board found that the failure to have properly elected or authorized officers meant the applicant was not a trade union within the meaning of section 1(1)(p) of the Labour Relations Act.
The application for certification was dismissed.
