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Case Law Involving Courts upholding Union fines in Canada

Discussion about the issue of Unions fining their members.
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dante666
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Postby dante666 » Thu Jun 29, 2006 3:17 pm

Hmm Interesting way to look at it Finian.

To answer you. I do not know of any cases where as Union as taken a member to court and the case has been won by the member.

Then only cases I've ever seen discussed are the 4 that people like to spin for their own benifit.

As to fines. Yes some locals have already finished their tribunal process, and assesed fines. I know for sure a Red Deer local has assesed fines. What has happend to them after they were assesed... That I have no information on.


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Fining VS Collecting

Postby finian » Thu Jun 29, 2006 5:32 pm

To answer you. I do not know of any cases where as Union as taken a member to court and the case has been won by the member.
I think it would be a hard sell. I was told that if my Union withdraws my discharge grievance I only have a 2-4% chance of winning a failure to represent complaint with the CILRB. The board gives the Union a huge amount of latitude. Every lawyer I talked to said they couldn't take the case since I’m represented by a Union I have to go through them.

As I said, fining and collecting are two different things. Getting an order to garnish wages and collect on a huge fine would be difficult me thinks. That's not to say the board would over rule the fine just not let them garnish wages to collect. I don't see how it would be possible for the Board to stop the Union from expelling a member for failure to pay the fine. The only chance anyone has to beat that one me thinks would be on the maximum fine verses maximum fine per offence.

IMO the fundamental issue is not the money it's the right to vote on the next contract: http://www.cupwnewvision.org/slrbscabs.htm



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Postby NC » Thu Jun 29, 2006 6:09 pm

There have been numerous cases, particularily in Sask where a union has fined it's member, tried to collect in the courts, and lost (the employee won). In Sask it there are more lienient provisions regarding fining members but they have still never won a case.

Ontario is the first time a court has awarded for fines, but that is being appealed to a higher court, and in fact the attempted Garnishing order was already quashed, so expect to hear a lot of crowing from the likes of LabourTalk when the fine awards are overturned.


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Cases

Postby finian » Thu Jun 29, 2006 8:23 pm

There have been numerous cases, particularily in Sask where a union has fined it's member, tried to collect in the courts, and lost (the employee won).
I believe you but can you cite the case or provide a link. Everybody on both sides talking about cases without citing them is kind of hard to validate either way.
in fact the attempted Garnishing order was already quashed,
This is what I suspect would happen but again citing a specific case would be helpful. Even if the garnish attempt failed, which in my opinion would, that still doesn't solve the member in good standing status and the ability to vote on the next contract problem.
so expect to hear a lot of crowing from the likes of LabourTalk when the fine awards are overturned.
Oh I have no doubt. That is another concern. Where does that ultimately take us?



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Postby dante666 » Thu Jun 29, 2006 10:21 pm

Be Carful Finian........

keep talking like this and you might loose your reputation as a Insane Radical Prankster! :P


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Postby finian » Fri Jun 30, 2006 6:52 am

Be Carful Finian........ keep talking like this and you might loose your reputation as a Insane Radical Prankster!
Ah but they say that there is a fine line between insanity and genius. I may be on the wrong side of that line but look how close I came. :wink:
I’ve always believed in a balance between the extremes even though most of the stunts I have pulled have been very extreme. I guess I was just bored. I know, tell that to the judge. I guess I’ll have to soon enough. :roll:



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Postby dante666 » Fri Jun 30, 2006 9:56 am

Every one makes mistakes. What seperates the Insane frpm Genius is that the insane will not learn from those mistakes.

If you have learned anything from your escapades Finian, then they were worth something...


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Postby finian » Fri Jun 30, 2006 1:59 pm

I pulled an anonymous prank and got nailed for it. That was the mistake. Posting Moya Greene's real resume wasn't a mistake. If she does to Canada Post what she did to CN or Bombardier, mine will most certainly not be the only job lost. Posting Banff 2000 or TELUS Idol wasn't a mistake because that kind of conduct is not acceptable. For a stag party maybe but not for a leadership training. I was a local president for a while and made some significant changes. It's a thankless job though as everyone has demands and expectations but few are ready to do anything about it. My biggest concern now is what's happening to our country. What was affordable for a single family on one income a generation ago is completely out of reach now. Large Corporations make huge profits and continue to downsize and reduce hours and benefits to make more profits. I guess I've just become a pessimist but I'm sure not proud to be a Canadian any more.



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Postby Admin1 » Fri Jun 30, 2006 2:16 pm

I guess I was just bored. I know, tell that to the judge. I guess I’ll have to soon enough.
You didn't get charged for the letter did you?
Posting Moya Greene's real resume wasn't a mistake. If she does to Canada Post what she did to CN or Bombardier,
Really can't comment on this as I have no info on the woman.



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Postby NC » Fri Jun 30, 2006 11:43 pm

I wll see if I can get the cases, there are several, but it will require some very judicious blanking of names. Let me see what I can do. It is the long weekend, then I am out of town till the 14th so bear with me Finian, it is importan to me that you trust me. I will work hard to find the cases.


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Postby finian » Sat Jul 01, 2006 4:45 am

You didn't get charged for the letter did you?
Not sure what you mean charged. I was fired for sending a prank E-mail to ten top management from moyagreene@hotmail.com It wasn't a fraudulent misrepresentation it was a tongue a cheek joke. I know dumb dumb dumb. I forgot about ip numbers being traced. Still has to go before an arbitrator.




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