- May 26, 2021
- Certifications/Decertifications
On October 12, 2016, IATSE Local 680 filed an application for certification to represent a bargaining unit of stage employees working for the Imperial Theatre located in St. John New Brunswick. The membership card filed by Local 680 in connection with its application confirmed that the signer of the card was voluntarily authorizing the Local to represent him/her in all labour relations matters with his/her employer. The card went on to state as follows:
“In support of this Application for Membership, I confirm I have paid an initiation fee of $1.00 to the witness indicated below.”
The Employer brought a preliminary objection to the New Brunswick Labour Board processing the application, alleging the membership evidence being relied upon by Local 680 failed to confirm the signer of the card was a member in good standing of the Local. More specifically, the Employer took the position that the membership evidence filed by the Local failed to sufficiently establish that the $1.00 initiation fee was paid and had, in fact, been received by Local.
Relying on case law confirming that evidence of receipts of payment of the initiation fee must be filed by an applicant trade union in order to satisfy the statutory requirement that money has, in fact, been paid to the applicant trade union, the New Brunswick Board concluded that the membership card filed by Local 680 was insufficient. In the Board’s view, the membership card at issue failed to contain any reference to the payment being tendered to the Local. The Board stated that had the membership card contained a “simple statement on the form that the witness received the $1.00 initiation fee on behalf of the Applicant trade union there would be no issue.” As a result, the application for certification was dismissed for “want of sufficient membership documentation”.