Roy C. Filion

The complainant, a former zone affiliate of the respondent employer bargaining agency, alleged that the respondent breached its duty of fair representation under section 151(2) of the Labour Relations Act by excluding it from the Mechanical Trade Bargaining Committee (MTBC).

The complainant had withdrawn from full membership due to concerns over the involvement of non-union employers but sought continued participation in labour relations matters.

The Board found that the respondent acted arbitrarily by failing to properly consult with the complainant regarding negotiations.

The Board ordered the respondent to grant the complainant observer status at MTBC meetings, though it declined to order full voting rights.

The applicant trade union applied for certification.

The respondent employer alleged that the union organizer misrepresented the initiation fee structure by telling employees they would have to pay a higher fee if they did not join immediately, thereby coercing them into signing membership cards.

The Board found that while there may have been some confusion, the organizer did not intend to mislead employees and the statements did not amount to coercion or fundamental misrepresentation.

The Board also found that counter-petitions signed by employees reaffirming their support for the union were voluntary.

As the union had the support of more than 55 percent of the employees in the bargaining unit, a certificate was issued without a representation vote.

The applicant union sought certification for a bargaining unit of dependent contractor owner/operator truck drivers who hauled aggregate from the Canada Crushed Stone quarry.

The drivers had previously worked directly for Canada Crushed Stone but were later required to operate through brokers, including A. Cupido Haulage.

The Board applied the statutory definition of 'dependent contractor' and found that despite the introduction of the brokerage system, the drivers remained economically dependent upon Canada Crushed Stone, which continued to control their day-to-day work, set their rates, and provide the bulk of their work.

The Board concluded that the drivers were dependent contractors of Canada Crushed Stone and constituted an appropriate bargaining unit.

The applicant trade union applied for certification for employees of the respondent in Metropolitan Toronto.

The parties disputed the geographic scope of the bargaining unit, with the respondent seeking to restrict it to a single location.

The Board applied its general practice of describing bargaining units on a municipality-wide basis, as all employees in the included classifications worked at one location.

The Board excluded students employed during the school vacation period but included part-time employees.

A Labour Relations Officer was appointed to inquire into the duties of dispatchers and call takers.

The Board granted interim certification pending the final resolution of the bargaining unit composition.