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Chairpersons

Manitoba Labour Board Dismisses Application for Unfair Labour Practice

Strategic Insights

— 1 min read

The Manitoba Labour Board has issued a decision dismissing an application filed by T.B. on October 28, 2024, seeking remedy for an alleged unfair labour practice contrary to section 20 of The Labour Relations Act. This decision marks the seventh application filed by T.B. against the Employer, CANCERCARE MANITOBA, with five previous applications being filed against the Manitoba Association of Healthcare Professionals (MAHCP). The Board has declared T.B. a vexatious litigant, citing repeated attempts to relitigate the same issues. The current application was dismissed due to undue delay and lack of merit, with the Board citing the principle of res judicata as applicable. The decision emphasizes the need for finality in labour disputes and the Board's responsibility to efficiently administer its responsibilities under the Act.

Key Takeaways:

  • T.B. has filed seven applications against the Employer and MAHCP, with five of those applications being filed against MAHCP and two against CUPE.
  • Five previous applications filed by T.B. were dismissed due to undue delay and lack of merit, with no new evidence provided.
  • T.B. was declared a vexatious litigant by the Board in Dismissal No. 2529 on March 3, 2023, and was not granted review and reconsideration.
  • The current application was dismissed due to undue delay, as it complained of events that occurred more than five years ago.
  • The Board cited the principle of res judicata as applicable, stating that there must be finality to the matters raised by the Applicant.
  • The Board also emphasized the need for efficient administration of its responsibilities under the Act and the potential for undue delay to be as little as six months.

Statistics:

  • 7: number of applications filed by T.B. against the Employer and MAHCP
  • 5: number of applications filed against MAHCP
  • 2: number of applications filed against CUPE
  • 6 months: time frame considered by the Board as undue delay for the purpose of subsection 30(2) of the Act
  • 5 years: time frame since events complained of in the current application occurred

Sources:

  • Manitoba Labour Board, T.B. v. CANCERCARE MANITOBA and Canadian Union of Public Employees, Local 204
  • The Labour Relations Act, specifically section 20 and subsections 30(2) and 140(8)

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