Duty of fair representation complaint dismissed; union reasonably relied on medical evidence in refusing to arbitrate.
The applicant filed a complaint alleging that his union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995 by refusing to process his return-to-work grievance to arbitration.
The union based its decision on medical assessments indicating the applicant had a permanent partial disability and could not perform the essential duties of his pre-accident job.
The Ontario Labour Relations Board dismissed the application without a hearing pursuant to Rule 46, finding that the union had directed its mind to the relevant issues, sought appropriate medical evidence, and made a reasonable decision not to proceed to arbitration.
The applicant failed to plead a prima facie case of arbitrariness.
Henry Roos v. United Food and Commercial Workers International Union, Locals 175 and 633, CLC, AFL-CIO, 2001 CanLII 9240