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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 F.R., an employee of MacDon Industries Ltd., alleging an unfair labour practice against the MacDon Industries Employees' Association and its President. The Applicant claimed the Respondent had failed to represent him appropriately in relation to his termination from the Employer. However, the Board found that the Application was premature and that the Applicant had not established a prima facie case to ground a section 20(a) complaint under The Labour Relations Act.

Key Takeaways:

  • The Manitoba Labour Board has dismissed an application filed by F.R. alleging an unfair labour practice against the MacDon Industries Employees' Association and its President.
  • The Application was found to be premature as the Respondent had filed a grievance on the Applicant's termination and the process had not yet concluded.
  • The Board determined that the Applicant had not established a prima facie case to ground a section 20(a) complaint under The Labour Relations Act.
  • Section 20 of the Act establishes the duty of fair representation, which includes not behaving in an arbitrary, discriminatory, or bad faith manner when representing employees under a collective agreement.
  • The term "reasonable care" in section 20(a) of the Act means the degree of care that a person of ordinary prudence and competence would exercise in the same or similar circumstances.
  • The Board has consistently indicated that a complaint will not be allowed merely because the union was wrong, could have given better representation, or did not do what the member(s) wanted.

Statistics:

  • The Manitoba Labour Board has dismissed the Application filed by F.R. on July 16, 2024.
  • The Applicant was terminated on July 24, 2023, and the Respondent filed a grievance on July 26, 2023.
  • The Respondent and the Applicant have met twice following the termination, with the second meeting occurring on January 30, 2024.
  • The grievance remains active and has not been withdrawn nor abandoned.

Sources:

  • Manitoba Labour Board Decision, Vice-Chairperson H. Krahn, (2024)
  • B.L. v. United Steelworkers, Local 9074, 2022 CanLII 26852 (MB LB)
  • M.D. v. Amalgamated Transit Union, Local 1505, 2021 CanLII 23597 (MB LB)
  • J.H.B. v. Canadian Union of Public Employees, (2009), 164 C.L.R.B.R. (2d) 182 at page 190

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