The complainants brought a section 89 complaint alleging the union violated section 68 of the Labour Relations Act by arbitrarily or in bad faith failing to pursue a section 15 failure to bargain complaint against the employer.
The complainants sought an order for the production of documents from the employer to show that a prima facie section 15 case existed.
The Board denied the request, holding that the merits of the unpursued section 15 case, based on documents unknown to the union at the time, were irrelevant to assessing the union's state of mind and conduct when it decided not to proceed.
