FAQ's Cases - Stewart McKelvey

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30[128] The evidence of Mr. Copeland and Mr. Guillet was that the organizational drivewas rendered ineffective immediately following the lay offs on Wednesday, June 22, 2011. Mr.Dunbar, who attended one of the “tool box” meetings, testified regarding his attendance at themeeting prior to his lay off. He did not at any time during his testimony suggest that thesemeetings interfered with, restrained, intimidated, threatened, or coerced him or any otheremployee in the exercise of any right conferred by the Act.[129] The only evidence regarding these meetings was presented in the form of thenotes provided by Ms. Outerbridge. While characterized as notes from the meeting, they readmore like a “to do” list for Ms. Outerbridge regarding matters raised at the meeting. We accepther uncontradicted testimony that the reference to an Employee Association was similar to aHealth and Safety Committee rather than an Employee Association which might seekcertification of the Employer’s employees.2011 CanLII 72774 (SK LRB)[130] Mr. Dunbar’s testimony was that the concept of an Employee Association wasnot discussed at the meeting he attended. Counsel for the Union invited us to draw theconclusion that this was based on the Employer’s knowledge that Mr. Dunbar was involved inthe Union organizing campaign and it therefore deliberately avoided discussion of this subjectwhen Mr. Dunbar was in attendance. We decline to draw such a conclusion which is notsupported by any evidence and therefore amounts to nothing more than pure speculation as toboth the Employer’s knowledge of who the organizers were, and that the Association wassomehow intended to supplant the Union in the workplace.[131] For the reasons set out above, we conclude that the Union has failed to satisfythe onus upon it to show a violation of s. 11(1)(a) of the Act. We are of the view that the “toolbox” meetings were legitimate communications with the Employer’s employees insofar as anemployee of “reasonable fortitude”, including Mr. Dunbar would not, in our opinion, have feltpressure to abandon or forgo their rights under the Act because of either these meetings beingheld, or because of the nature of the matters discussed at such meetings.[132] These meetings, based upon the objective test utilized by the Board both prior tothe amendment, and which will continue to be applied following the amendment, leads us to theconclusion that the holding of these meetings, as well as the matters discussed at those
31meetings, would have been within the bounds of acceptable communication before thatamendment and remain as acceptable communication now. 31[133] It is therefore, unnecessary to provide any further interpretation of theamendments to s. 11(1)(a) other than those provided above. Counsel for the Union outlined anumber of issues which he found confusing regarding the meaning of the section. I am certainthat the Board will have other occasions, based on other factual situations, where furtherinterpretation may be required.[134] The application under s. 11(1)(a) is accordingly dismissed.2011 CanLII 72774 (SK LRB)Remedy:[135] Based upon the failure of the Applicant Union with respect to its applicationspursuant to s.11(1)(a) and (e), no remedy need be awarded.Decision:[136] The applications are hereby dismissed.DATED at Regina, Saskatchewan, this 16th day of November, 2011.LABOUR RELATIONS BOARDKenneth G. Love, Q.C.,ChairpersonDissent by Member, John McCormick[137] For the reasons set forth below, I dissent from the decision by the majority. Idisagree with the majority particularly with respect to their finding that the explanation for the31 See also Cornerstone Credit Union (Re), [2008] S.L.R.B.D. No. 38, 154 C.L.R.B.R. 135, CanLII 47043, LRB FileNo. 024-08 at paragraph 39
Page 1 and 2: The Labour Relations BoardSaskatche
Page 3 and 4: 3unionized workforce at their plant
Page 5 and 6: 5[15] In addition, there was some h
Page 7 and 8: 7Employee “D”: He was on his pr
Page 9 and 10: 9[37] The Board did not have the be
Page 11 and 12: 11[48] Shortly after Mr. Copeland b
Page 13 and 14: 13credible reason for the disciplin
Page 15 and 16: 15outlined by the Board in RWDSU v.
Page 17 and 18: 173. Order for captive audience mee
Page 19 and 20: 19for his failure to produce the wi
Page 21 and 22: 21[95] Similarly as noted in the qu
Page 23 and 24: 23[103] Also, in The Newspaper Guil
Page 25 and 26: 25rights under the Act. The Employe
Page 27 and 28: 27The determination of whether, in
Page 29: 29respect to the section of the Alb
Page 33 and 34: 33[143] In respect of the complaint
Page 35 and 36: - 2 -[2] The plaintiff, Susan Chart
Page 37 and 38: - 4 -by the time she finished there
Page 39 and 40: - 6 -[24] Testimony was received fr
Page 41 and 42: - 8 -would feel grateful for the fo
Page 43 and 44: - 10 -[49] 2. Comfortable, even tem
Page 45 and 46: - 12 -[67] Another complaint was th
Page 47 and 48: - 14 -bottom of the problem and the
Page 49 and 50: - 16 -member about something amusin
Page 51 and 52: - 18 -[111] Given that the meeting
Page 53 and 54: - 20 -[130] Some of the plaintiff
Page 55 and 56: - 22 -[146] The plaintiff’s expla
Page 57 and 58: COURT OF APPEAL FOR ONTARIOBETWEENC
Page 59 and 60: Page: 3[5] In his application, the
Page 61 and 62: Page: 5(c) By the Employer at any t
Page 63 and 64: Page: 7continuation, in the amount
Page 65 and 66: Page: 9D. ANALYSIS[23] It is well-s
Page 67 and 68: Page: 11[28] The appellant submits
Page 70 and 71: Page: 14[37] When parties contract
Page 72 and 73: Page: 16addressing the issue of a c
Page 74 and 75: Page: 18application of mitigation:
Page 76 and 77: Page: 202008 ONCA 479, 91 O.R. (3d)
Page 78 and 79: Page: 22[56] Notably, the concern e
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Page: 24termination without cause,
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Page: 26[64] The costs on the appli
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The parties agree this Board has th
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Mr. Wallace. The evidence is that M
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Mr. Mutter and Mr. Wallace each tes
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Mutter spoke. He testified he was a
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saw (or was told by the crew) Mr. K
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and heard, as well as other factors
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When viewed in that light, it is fa
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IN THE SUPREME COURT OF BRITISH COL
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Balogun v. Deloitte & Touche, LLP P
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Page 2of the immediate problem that
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Page 4- He admitted that he had pla
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Page 626 26. The Grievor's conduct
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Page 8he had a problem with was fro
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Page 10supervisor. Counsel argued t
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Page 12hope to gain a financial ben
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Page 1483 83. McKinley is an import
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Page 16(iv)Has the employer attempt
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HUMAN RIGHTS TRIBUNAL OF ONTARIO___
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[1] This is an Application under se
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[10] Sean McKay also testified on b
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THE LAW[19] Section 5 of the Code p
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that ensued. There is no evidence t
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HUMAN RIGHTS TRIBUNAL OF ONTARIO___
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[1] The applicant has filed two App
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CHRONOLOGY OF KEY EVENTS[11] The ap
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tasks beyond his functional limits
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do what they can and that if someon
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checking summaries before stating t
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Roehl in June or to the respondent
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Section 10 of the Code defines hara
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was assigned duties that required h
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-last portion of the day he levels
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[66] I recognize that some of the c
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was made aware on May 22/07 that hi
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“To be honest Tony I don’t know
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is older, or believed that the appl
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[91] The applicant also submitted t
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steps to address allegations of dis
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this period lessening, in my view,
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[109] The respondent submits that i
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that the events of May 22 may have
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Accordingly, I am requiring the par
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FAQ's Cases - Stewart McKelvey

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