What is the test for an action to remove a union official from office as a business agent?
British Columbia, Canada
The following excerpt is from Bell et al. v. Stang and Telecommunications Workers Union, 2006 BCSC 998 (CanLII):
In Boe v. Hamilton, the plaintiff allegedly assaulted a union official at a meeting. The plaintiff was removed from office as a business agent and barred from holding office or attending meetings. Bouck J. declared the union’s action illegal because there was nothing in the constitution that specifically made the conduct complained of an offence. He also found that the procedure was defective because the laying of charges was approved by a majority vote of members at a meeting, when the constitution required a majority vote of all members of the local.
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