2 total
Complaint challenging strike vote dismissed due to applicant's unexplained two-month delay in filing.
The applicant filed a complaint alleging that the union violated section 74(4) of the Labour Relations Act by failing to conduct a strike vote by secret ballot.
The union raised a preliminary motion to dismiss the complaint due to undue delay.
The Board found that the applicant was aware of the alleged irregularities at the time of the vote but delayed filing the complaint for nearly two months, during which time the union and employer relied on the strike mandate and commenced a strike.
The Board concluded that the delay was significant and unexplained, and exercised its discretion to dismiss the application without inquiring into the merits.
Duty of fair representation complaint dismissed; union reasonably decided not to arbitrate discharges for drug possession.
The complainants, two school board maintenance employees, were discharged after pleading guilty to possession of marijuana, which they had stored in a school.
They alleged that their union breached its duty of fair representation under section 68 of the Labour Relations Act by failing to advise them of the five-day time limit for filing grievances and by ultimately deciding not to take their grievances to arbitration.
The Board dismissed the complaint, finding that the union's decision not to arbitrate was based on a reasonable consideration of relevant factors, including the seriousness of the offence, the likelihood of success, and the impact on the bargaining relationship.
The Board also held that the union did not act arbitrarily by failing to proactively advise the complainants of their grievance rights when the complainants had not sought the union's assistance.
