Workman was a temporary educational assistant in a unionized position. The school division raised performance concerns, extended her probation and later intended to terminate her employment for unsuitability. After the union asked that she be allowed to resign, she resigned. She later alleged that the resignation was coerced and that later hiring decisions amounted to a shadow ban. The Board did not decide those allegations on their merits. It focused on jurisdiction. The Board found that the essential nature of the dispute concerned workplace management, probation, hiring and occupational health and safety matters arising from the collective bargaining relationship. Those issues belonged in labour arbitration or the statutory safety process rather than the Board's original unfair labour practice jurisdiction. The Board also said an individual employee generally cannot use an unfair labour practice application to bypass the union's representational role for a dispute that could be pursued through grievance arbitration. The application was dismissed.
Case Commentary
Unionized workplace dispute belonged in labour process
The Saskatchewan Labour Relations Board dismissed an employee application after finding the dispute belonged in the collective bargaining and occupational health and safety processes.
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