The complainant alleged that her union breached its duty of fair representation under section 68 of the Labour Relations Act by refusing to actively participate in or fund her independent legal counsel for a judicial review application brought by her employer.
The employer was seeking to quash a previous Board decision that had found both the employer and the union in breach of the Act.
The Board dismissed the complaint, finding that the union's decision was based on the advice of legal counsel and was not arbitrary, discriminatory, or in bad faith.
The union was not obligated to underwrite the complainant's legal costs for the judicial review.
