The applicant, an employee in a temporary rotational position, alleged that his union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.
The union had negotiated an Incentive Pay Plan with the employer but was unable to secure the employer's agreement to include employees in rotational positions.
The Board dismissed the application, finding that a union does not violate the Act merely by failing to secure a benefit for all members, absent any allegation that the exclusion was motivated by arbitrary, discriminatory, or bad faith conduct.
