The complainant employer filed an unfair labour practice complaint alleging the respondent union violated section 38(2) of the Labour Relations Act by refusing union membership to an employee who had previously crossed a picket line and allegedly requiring his discharge.
The parties agreed to a statement of facts and asked the Board to provide an advisory opinion on the applicable law rather than making a formal determination.
The Board explained that while it cannot force a union to admit an individual into membership, section 38(2) prohibits a union from requiring an employer to discharge an employee under a union security clause if membership was denied because the employee engaged in activity against the union, such as crossing a picket line while represented by another union.
The proceedings were terminated based on the parties' agreement.
