The applicant filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by refusing to take his termination grievance to arbitration.
The applicant was terminated for chronic attendance issues after being placed on a modified work program following a workplace injury.
The union processed the grievance, obtained a legal opinion indicating reinstatement was unlikely, and held a special membership meeting where the members voted not to proceed to arbitration.
The Board dismissed the complaint, finding that the union put its mind to the merits of the grievance, sought legal advice, and made a reasonable decision without acting arbitrarily, discriminatorily, or in bad faith.
