The complainant filed a duty of fair representation complaint against her union regarding its failure to assist her after she was terminated.
The union brought a preliminary motion to dismiss the complaint, arguing that the complainant was incapable of returning to work, the complaint did not make out a prima facie case, and there was excessive delay in filing.
The Board dismissed the preliminary motion, finding that the factual disputes required a hearing and that the delay, while significant, did not cause real prejudice to the respondents.
The Board noted that any remedy could be adjusted to account for the delay.
