- June 10, 2021
- Duty of Fair Representation
Second of two decisions. Application for leave and reconsideration by the Theatre of the Board’s decision BCLRB No. B264/2002 on three grounds: (1) because it bound the Vogue to a collective agreement arising in furtherance of fraud; (2) because the union had traded off bargaining rights for a certified bargaining unit to obtain voluntary recognition and a collective agreement for a totally different unit; and (3) because the original panel violated the duty of fairness by failing to decide a key issue in dispute and instead deciding issues which were not argued and for which there was incomplete evidence. The Board dismissed the Theatre’s application as being without merit, essentially agreeing with the original panel’s finding that the agreement with the technical employees was valid despite the apparent fraud perpetrated by the Theatre’s unauthorized negotiator and despite the local’s apparent breach of its duty of fair representation vis-à-vis the front of house employees.