The applicant filed a complaint alleging that the union breached its duty of fair representation under section 68 of the Labour Relations Act.
The applicant claimed the union improperly withdrew an overtime grievance, poorly drafted a grievance regarding sick pay and legal fees following criminal charges, and failed to consult him regarding a workplace transfer.
The Board dismissed the application, finding that the union reasonably relied on a legal opinion when withdrawing the overtime grievance, that the sick pay grievance was understood and resolved, and that the union promptly corrected the transfer issue when notified.
The Board concluded there was no evidence of arbitrary, discriminatory, or bad faith conduct by the union.