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Chairpersons

Manitoba Labour Board Dismisses Application Against Union Over Allegations of Unfair Labour Practice

Strategic Insights

— 1 min read

A recent decision by the Manitoba Labour Board (2024-10-22) dismissed an application filed by an employee, P.L., against the Sheet Metal, Air, Rail and Transportation Workers (SMART) Local 511, Union, alleging an unfair labour practice under section 20 of The Labour Relations Act. The application, filed on July 12, 2024, claimed that the union failed to adequately assist the employee in obtaining compensation for lost overtime opportunities and respond to concerns over issues with the lead hand in his unit.

Key Takeaways:

  • The Manitoba Labour Board dismissed the application without a hearing, citing a lack of evidence to support the allegations that the union acted in a manner prohibited by section 20(b) of the Act.
  • The Board found that the union maintained regular communication with the applicant, attended a meeting with the employer to discuss various issues, including overtime opportunities, and provided advice and representation to the applicant.
  • The union also provided evidence of the steps taken to review the applicant's concerns, including attending a meeting with the employer to discuss sick leave, promotion, and overtime opportunities.
  • The Board applied the legal principles from V.S. v. Manitoba Government and General Employee's Union (2010) 190 C.L.R.B.R. (2d) 184, and J.H.B. v. Canadian Union of Public Employees, (2009) 164 C.L.R.B.R. (2d) 182, to determine that the union did not act in a manner that was arbitrary, discriminatory, or in bad faith.
  • The Board also cited subsections 30(3)(c) and 140(8) of the Act, which provide for the dismissal of a complaint where it is without merit or beyond the jurisdiction of the Board.

Statistics:

  • The application was filed by P.L. on July 12, 2024.
  • The union filed its reply on July 29, 2024.
  • The employer filed its reply on July 29, 2024.
  • The applicant filed a response to the replies on August 6, 2024.
  • The Board decision was issued on October 22, 2024.
  • The union had regular communication with the applicant and attended a meeting with the employer to discuss various issues, including overtime opportunities.

Sources:

  • Manitoba Labour Board Decision (2024-10-22)
  • The Labour Relations Act
  • V.S. v. Manitoba Government and General Employee's Union (2010) 190 C.L.R.B.R. (2d) 184
  • J.H.B. v. Canadian Union of Public Employees, (2009) 164 C.L.R.B.R. (2d) 182

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