The appellant union refused to proceed with a part-time employee's dismissal grievance, arguing part-time employees had no grievance rights under the collective agreement.
The Canada Labour Relations Board found the union breached its statutory duty of fair representation and ordered the grievance to proceed to arbitration at the union's expense.
The union sought judicial review, alleging the Board exceeded its jurisdiction.
The Supreme Court of Canada held that the Board's decision was protected by a privative clause and its interpretation of its statutory powers was not patently unreasonable, thus no jurisdictional error occurred.
The appeal was quashed.
