Manitoba Labour Board Dismisses Application for Unfair Labour Practice

Strategic Insights -

The Manitoba Labour Board has made a ruling in an application filed by L.M., an employee of Southern Health-Santé Sud, regarding an alleged unfair labour practice. The board, led by Vice-Chairperson K.L. Gibson, has dismissed the application due to a lack of prima facie case. The decision was made after considering the written material filed by the parties and the legal principles applied by the Board in respect of Section 20 applications.

Key Takeaways:

  • The Applicant, L.M., alleged that the Respondent, Canadian Union of Public Employees, Local 4270, delayed and ultimately failed to respond to her concerns about the circumstances and background of her termination.
  • The Board determined that the Applicant had not established a prima facie case for a violation of section 20(a) of the Act, which establishes the duty of fair representation.
  • The Board found that the Respondent had not acted in an arbitrary, discriminatory, or bad faith manner in its representation of the Applicant.
  • The Applicant's assertion of delay and non-responsiveness on the part of the Respondent was not supported by the information in the case.
  • The Board relied on prior decisions, including Perrin v. Manitoba Nurses' Union and Henry v. C.U.P.E. Local 500, to define the standards of care under section 20(a) and (b) of the Act.
  • The Board emphasized that unions have the discretion to determine whether a grievance or complaint shall be filed, referred to arbitration, or settled, and that the Board will only consider the decision-making process in determining whether there has been a violation of the Act.
  • The Board has the authority to decline to take further action on any complaint or dismiss any application or complaint at any time where, in the opinion of the Board, the application or complaint is "without merit".

Statistics:

  • The Applicant, L.M., filed an application seeking a remedy for an alleged unfair labour practice on July 22, 2024.
  • The Employer, Southern Health-Santé Sud, filed a Reply requesting that the Application be dismissed without a hearing on August 9, 2024.
  • The Bargaining Agent, Canadian Union of Public Employees, Local 4270, also filed a Reply on August 9, 2024, requesting that the Board declare that the Applicant had failed to establish a prima facie complaint under section 20 of the Act.
  • The Applicant had 19 days of paid leave at the time of her termination.
  • The Probationary period for the Applicant was extended until May 31, 2024.

Sources:

  • Labour Relations Act, Section 20(a) and (b)
  • 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
  • V.S. v. Manitoba Government and General Employees' 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
  • M.T. v. Winnipeg Police Association, Winnipeg Police Service, Dismissal no. 2430, dated April 22, 2022