What is the test for discrimination in the collective bargaining process?
Saskatchewan, Canada
The following excerpt is from Stewart Martin Unique v. Teamsters Local Union 395, 2008 CanLII 47039 (SK LRB):
[22] For discrimination in the collective bargaining process to be found, as pointed out by the British Columbia Labour Relations Board in Robson v. United Food and Commercial Workers’ International Union, Local 1518 [1999] B.C.L.R.B. No. 67, BCLRB Decision No B67/99, at para 28: a charge of discrimination requires more than an unequal distribution of benefits…The mere existence of such differences does not constitute improper discrimination unless the distinctions are without reason.
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