The complainant filed a duty of fair representation complaint against the union 18 months after the arbitration hearing concerning his discharge.
The union and the intervener employer raised a preliminary objection regarding the delay.
The Board applied the criteria from the City of Mississauga decision and found that the delay was substantial and without compelling reason.
Given the potential prejudice to the union, particularly the fading recollection of the union representative who had disposed of his notes, the Board declined to exercise its discretion to inquire into the merits and dismissed the complaint.
