Union breached duty of fair representation by arbitrarily refusing to pursue member's seniority grievance.
The complainant alleged that her union breached its duty of fair representation under section 68 of the Labour Relations Act by failing to recognize her accumulated seniority and recall rights after a layoff.
The union president had advised her that her 'permanent' layoff truncated her seniority rights, relying on a distinction found in the Employment Standards Act rather than the collective agreement.
The Board found that the union acted arbitrarily by failing to direct its mind to the clear language of the collective agreement, which preserved seniority for up to one year on layoff.
The Board ordered the union to process a grievance on the complainant's behalf and directed the employer to waive any timeliness objections.
Susan G. Bartlett v. The Amalgamated Clothing and Textile Union, AFL, CIO, CLC, Shoe Division, Local 307, 1983 CanLII 791