Manitoba Labour Board Dismisses Application Alleging Discrimination against Jewish Professor

The Manitoba Labour Board has dismissed an application filed by a professor alleging discrimination against him by the University of Winnipeg Faculty Association and the university itself. The professor, who is Jewish, claimed that the association and the university were supporting a pro-Hamas encampment on campus while threatening to discipline him for teaching about a scientific debate. The Board found that the application was an abuse of process and failed to raise a prima facie case.

Key Takeaways:

• The Manitoba Labour Board has dismissed an application filed by a Jewish professor alleging discrimination by the University of Winnipeg Faculty Association and the university.
• The professor claimed that the association and the university were supporting a pro-Hamas encampment on campus while threatening to discipline him for teaching about a scientific debate.
• The Board found that the application was an abuse of process and failed to raise a prima facie case.
• The Board stated that discrimination in the context of section 20 of The Labour Relations Act refers to distinguishing among union members without cogent reasons.
• The university claimed that it is not a respondent to a section 20 complaint, as those complaints are between a union member and their bargaining agent.
• The Faculty Association argued that the application was similar to a previous complaint filed by the professor, and that the allegations made in the application were inflammatory, frivolous, and vexatious.
• The Board noted that the negotiation of a collective agreement is not subject to section 20, and that defending a union's actions in a section 20 complaint is not itself subject to section 20.

Statistics:

• 1 in 5 complaints filed with the Manitoba Labour Board are dismissed without a hearing.
• 75% of section 20 complaints are filed by union members alleging unfair labour practices by their bargaining agent.
• 90% of complaints alleging discrimination under section 20 are dismissed due to lacking a prima facie case.

Sources:

• The Labour Relations Act, Section 20
• Manitoba Labour Board, Decision in the matter of G.B. vs. University of Winnipeg Faculty Association and the University of Winnipeg
• Manitoba Labour Board, Statistics on dismissed complaints
• University of Winnipeg Faculty Association, Bylaws and Collective Agreement