The respondent, a pilot boat captain, was transferred to a maintenance position by his employer.
The appellant union filed a grievance but refused to take it to arbitration based on a legal opinion that the transfer was not an arbitrable dismissal under the collective agreement.
The respondent sued the union for breaching its duty of fair representation.
The Supreme Court of Canada allowed the union's appeal, holding that a union has considerable discretion in deciding whether to arbitrate a grievance.
The Court found the union did not act arbitrarily, discriminatorily, or in bad faith, and was justified in relying on the reasoned opinion of its legal counsel.
