Duty of fair representation complaint dismissed for failing to disclose a prima facie case.
The applicant filed a complaint alleging that his union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995, primarily due to delays and alleged mishandling of his grievances by a union representative.
The Board dismissed the application at the consultation stage for failing to disclose a prima facie case.
The Board found no evidence that the union's conduct was arbitrary, discriminatory, or in bad faith, noting that the grievances were processed and the union is not held to a standard of perfection.
Ivan Pletikos v. National Automobile, Aerospace, Transportation and General Workers Unions of Canada (CAW-Canada) and its Local 112, 2001 CanLII 11080