The applicant, a key grip, filed an application alleging that his union breached its duty of fair representation under section 74 of the Labour Relations Act by refusing to advance his termination grievance to arbitration.
The applicant was terminated for leaving the set without permission and approving a false time sheet.
The union investigated the grievance and its executive board decided not to proceed to arbitration, primarily because the applicant admitted to approving the false time sheet, which the union felt undermined its relationship with the producer.
The Board dismissed the application, finding that the union's investigation was sufficient and its decision not to arbitrate was based on relevant considerations and was not arbitrary, discriminatory, or in bad faith.