The applicant filed a duty of fair representation complaint against his union for withdrawing two suspension grievances without notice and failing to proceed with his termination grievance.
The applicant had been terminated after the employer cancelled his medical leave based on a brief medical report, despite the applicant being scheduled for further surgery.
The union refused to proceed to arbitration without further medical information but failed to explain what was needed or assist the applicant in obtaining it.
The Board found the union acted arbitrarily and in bad faith, violating section 74 of the Labour Relations Act.
The Board ordered the union and employer to proceed to arbitration on all three grievances, with the union required to pay for independent counsel to represent the applicant.