The complainant, a welder discharged for poor workmanship, alleged that his union breached its duty of fair representation under section 68 of the Labour Relations Act.
The union took his discharge grievance to arbitration and raised a technical objection regarding notice under the collective agreement.
The arbitrator reinstated the complainant without compensation, penalizing him for the union's late notice of the preliminary objection.
The complainant argued the union's mistake in not raising the argument earlier constituted arbitrary conduct.
The Board dismissed the complaint, finding the union acted in good faith and its handling of the weak case was not arbitrary.
