The complainant alleged that the union breached its duty of fair representation under section 68 of the Labour Relations Act by failing to process his discharge grievance to arbitration and by failing to properly represent him in other matters.
The Board found that the union had considered the merits of the grievance, including the complainant's disciplinary record and the likelihood of success at arbitration, before the membership voted against proceeding.
The Board concluded that the union's decision was not arbitrary, discriminatory, or in bad faith, and dismissed the complaint.