B. v. Union of Taxation Employees, Local 70030
Union Picket Line Fines Unconscionable
Appeal history
- Appeal from: B. v. Union of Taxation Employees Local 70030, 2007 CanLII 43894 (ON SC)
Summary
This is an appeal to the Court of Appeal from an application judge's decision about a union enforcing fines against its members for crossing a picket line. The appellant union fined the respondent members their gross pay for working during a legal strike. The application judge ruled that the fine provision in the union constitution was an unconscionable and unenforceable penalty clause. The Court of Appeal agreed and dismissed the union's appeal, finding the fines were unconscionable due to an inequality of bargaining power and their excessive nature. The fines remain unenforceable against the employees.
Outcome
appeal dismissed
Key Factors
- union constitution
- unconscionability
- penalty clauses
- statutory authority
- picket line fines
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.