The applicant, a probationary employee, alleged that the responding union breached its duty of fair representation under section 74 of the Labour Relations Act by refusing to represent him regarding his dismissal.
The union brought a motion to dismiss the application for failing to disclose a prima facie case, arguing that probationary employees do not have access to the grievance and arbitration procedure under the collective agreement.
The Board dismissed the union's motion, finding that probationary employees are entitled to union representation and that it could not be said with certainty that the applicant had no reasonable likelihood of success based solely on his allegations.
The matter was referred to consultation.