The applicant filed a duty of fair representation complaint against the union, alleging it acted arbitrarily and in bad faith by failing to seek judicial review of an arbitration award that upheld her termination.
The union brought a preliminary motion to dismiss the application for undue delay.
The Board found that the applicant delayed filing the application for at least one and a half years after being informed the union would take no further action.
As the applicant provided no explanation for the delay and the union would be seriously prejudiced, the Board exercised its discretion to dismiss the application.