Following a finding that the union violated its duty of fair representation under section 69 of the Labour Relations Act by failing to intervene prior to the applicant's discharge, the Board held a hearing to determine the appropriate remedy.
The Board ordered the extraordinary remedy of reinstating the applicant to his former position with the intervenor employer, finding that the discharge would likely have been avoided but for the union's breach.
The Board also ordered the union to compensate the applicant for nine months of lost wages, reducing the compensation period due to the applicant's failure to fully mitigate his damages and his own contributory conduct.
