Tim Bartkiw

The applicant, a union steward, filed a duty of fair representation complaint against her union after it withdrew her grievances concerning a shift transfer and subsequent lay-off.

The applicant alleged the union failed to adequately consult her or keep her informed.

The Board dismissed the application, finding that the union properly investigated the transfer, consulted senior officials and legal counsel, and came to a bona fide conclusion that the collective agreement did not protect the applicant from the transfer.

The Board held that the union's conduct was not arbitrary, discriminatory, or in bad faith.

In an application for certification, the responding party requested reconsideration of a ruling that ordered the counting of ballots from a representation vote, arguing the union improperly changed its position on challenged voters.

The Board denied the reconsideration, finding the union had not resiled from its position.

The Board also granted party status to two intervenors who claimed to be the true employers of the subject employees, limiting their participation to evidence and submissions concerning their relationship with the responding party and the employees.