Manitoba Labour Board Dismisses Application Alleging Unfair Labour Practice

Strategic Insights -

The Manitoba Labour Board has dismissed an application by L.C. alleging an unfair labour practice by the Manitoba Government and General Employees' Union (MGEU) and the Province of Manitoba. The application was filed on September 24, 2024, alleging that the MGEU failed to adequately represent L.C. in a grievance process related to his termination from employment as a Field Tax Auditor. However, after considering the written material filed by the parties, the Labour Board determined that the onus was on L.C. to establish a violation of section 20 of the Labour Relations Act, which requires bargaining agents to exercise "reasonable care" in representing the interests of employees.

Key Takeaways:

  • The Labour Board has dismissed the application as the Applicant (L.C.) has not established a prima facie case for a violation of section 20 of the Labour Relations Act.
  • The Labour Board has determined that the MGEU has taken appropriate and significant steps to represent L.C. at all times material to the application.
  • The negotiated settlement agreement between L.C. and the Employer, facilitated by external legal counsel and a mediator/arbitrator, is a potent defence to a duty of fair representation complaint.
  • The Labour Board has the authority to decline to take further action on any complaint, and may dismiss any application or complaint at any time where, in the opinion of the Board, the application or complaint is "without merit".
  • The Labour Board has consistently held that the involvement of legal counsel in the negotiation and finalization of a settlement agreement is a potent defence to a duty of fair representation complaint.

Statistics:

  • The application was filed on September 24, 2024.
  • The Labour Board received written material from the parties on October 3, 2024.
  • The Employer and MGEU appointed a mediator/arbitrator for the termination grievance on May 31, 2024.
  • The parties reached a global settlement of all of L.C.'s grievances on May 6, 2024.
  • The negotiated settlement agreement was formalized into a memorandum of settlement signed by all parties in June 2024.
  • L.C. received monetary payments from the Employer in July 2024.

Sources:

  • Manitoba Labour Board, Dismissal No. 2630, Case No. 176/24/LRA (2025-01-02)
  • Perrin v. Manitoba Nurses' Union, [2007] 139 C.L.R.B.R. (2d) 152
  • Henry v. C.U.P.E. Local 500, 2009 CLLC para 220-033
  • J.H.B. v. Canadian Union of Public Employees (2009), 164 C.L.R.B.R. (2d) 182
  • M.T., Winnipeg Police Association, and Winnipeg Police Service, Dismissal no. 2430, dated April 22, 2022.