McMullen v. Local 118 [2003] B.C.L.R.B.D. No. 319 (B.C. Labour Relations Board)

Second of two decisions.  The member (McMullen) applied for leave and reconsideration of a decision dismissing his duty of fair representation complaint against the local as failing to disclose and apparent contravention of the Code.  In particular, the member alleged that the original panel erred by refusing to conduct a hear or allow cross-examination and by failing to seek further particulars from McMullen before rendering its decision.  The Board dismissed the member’s application as being without merit.  The complaint and materials filed simply did not provide any basis to contemplate an oral hearing.  Under the Code, the Board must meet fair hearing requirements, but otherwise has the jurisdiction to determine its own practices and procedures.

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