Union does not get access to employer info for monitoring adherence to CA

2 Sep

On May 14th, Arbitrator Lanyon held that a union has no right to access employer records for the purpose of monitoring adherence to a collective agreement unless the right is contained in the collective agreement itself. He distinguished British Columbia and Ontario case law that establishes a right of access to bargaining unit member contact information that flows from a union’s representational rights, stating:

I conclude that the Millcroft and P. Suns lines of authority apply specifically to the provision of contact information; for example, the names and addresses of employees. However, these decisions cannot be read to compel an employer to provide information whose sole purpose is to assist the union in monitoring the terms and conditions of the collective agreement. Therefore, the B.C. Labour Relations Code does not compel employers to disclose documents whose whole purpose is to assist the union to monitor provisions of the collective agreement outside the grievance/arbitration procedure. If there is such an obligation on an Employer it must be found within the terms of the collective agreement.

In this case, Arbitrator Lanyon held a teachers’ federation had no right to information about occasional teacher assignments under its agreement with a school board. It’s not clear why this analysis was necessary, but Arbitrator Lanyon also held that individual privacy interests weighed against disclosure.

Mount Arrowsmith Teachers’ Association and School District 69 (Lanyon, 14 May 2012).

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