Union breached duty of fair representation by failing to properly investigate discharge grievance before dropping it.
The complainant alleged that the union breached its duty of fair representation under section 68 of the Labour Relations Act by failing to properly represent him after he was discharged for 'over-booking' production.
The Board found that the union acted arbitrarily by failing to conduct a full investigation, failing to question the complainant about the details of the company's audit, and deciding not to proceed to arbitration without considering his plausible defense that his actions were sanctioned by management.
The Board ordered the union to take the grievance to arbitration.
Bujaiski Wtodzimier (Walter) v. Glass, Molders, Pottery, Plastics and Allied Workers International Union - Local 231, 1991 CanLII 6180