Colin B. Johnston

The applicant alleged that the responding union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to advance a grievance regarding her suspension and by refusing to file a grievance regarding her permanent layoff.

The Board dismissed the complaint regarding the suspension grievance, finding the union acted reasonably given the applicant had privately resolved the suspension with the employer.

However, the Board found the union acted arbitrarily in refusing to file the layoff grievance.

The union failed to adequately investigate the applicant's claims regarding her seniority and probationary status, and did not meet with her to discuss the relevant documentation.

The Board directed the union to thoroughly and fairly investigate the proposed layoff grievance.

The Ontario Labour Relations Board directed the applicant to serve the responding party with a copy of the application via fax or courier to the responding party's counsel.

The responding party was granted ten days from receipt to file a response.