Pavlov v. Local 667 [2004] O.L.R.D. No. 2679 (Ontario Labour Relations Board)

Duty of fair representation complaint by the member (Pavlov) who was removed from the Camera Trainee program and from membership with dues refunded after being terminated from two projects.  The local brought a motion to dismiss the application on the grounds that it failed to disclose a violation of the Act.  The Board dismissed the member’s complaint.  A duty of fair representation only arises when an employee’s normal rights to deal directly with an employer are circumscribed by the existence of a collective agreement.  In this case, the member sought to enforce a contract between himself and the local.  The Board had no jurisdiction to do so.

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