Background:
- Ms. Gu was hired by CultureLink in 2019 on a temporary contract and obtained a permanent role in 2020.
- In 2021, she was laid off when a senior employee exercised bumping rights under the collective agreement.
- She requested Unifor to file an individual grievance arguing she should retain full seniority from her original hire date.
- Unifor declined, filing a policy grievance instead, which allowed Ms. Gu to retain employment in a different role with a salary increase.
- Ms. Gu challenged Unifor’s decision internally, but Unifor maintained its stance.
- In 2023, she filed a duty of fair representation complaint under s. 74 of the Labour Relations Act with the OLRB, which was dismissed without a hearing in February 2024.
- A request for reconsideration was denied in April 2024.
Court’s Findings:
- Jurisdiction: The OLRB correctly declined jurisdiction over discrimination claims related to Unifor’s internal processes or employer actions.
- Fair Representation: Unifor’s refusal to file an individual grievance was not arbitrary, discriminatory, or in bad faith, as unions have discretion in grievance handling (Gagnon).
- Key Allegations: The refusal to allow a Zoom meeting to be recorded, a comment about lacking grievance grounds, and internal appeal delays did not prove discrimination.
- Procedural Fairness: Summary dismissal was permissible under OLRB rules and not unfair, as extensive written submissions were considered.
- Reconsideration Decision: Upheld as reasonable since the initial decision was sound.
Conclusion:
The application was dismissed, and Ms. Gu was ordered to pay Unifor $2,000 in costs?.
