The complainant, a 65-year-old employee, alleged that the union violated its duty of fair representation under section 68 of the Labour Relations Act by negotiating a collective agreement that reduced the automatic retirement age from 70 to 65.
The union had agreed to the age reduction as an inducement to younger workers in exchange for their support in prioritizing improved, indexed pensions for retirees.
The Board held that the union's decision was based on a rational balancing of competing interests within the bargaining unit.
The Board concluded that the union's conduct was not arbitrary, discriminatory, or in bad faith, and dismissed the complaint.
