The applicant filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act by refusing to file a grievance after he was suspended for insubordination.
The applicant admitted to refusing a direct order from a supervisor to give up his forklift to another employee.
The union investigated and concluded there was no grievable issue, especially given the applicant had a prior suspension for insubordination just three months earlier.
The Board dismissed the complaint, finding the union's actions were not arbitrary, discriminatory, or in bad faith, noting the union even successfully negotiated a one-day reduction in the penalty which the applicant rejected.