The complainant filed an unfair labour practice complaint alleging the employer breached sections 50 and 67 of the Labour Relations Act by failing to hire him for a vacant position and by discussing the position directly with applicants.
The Board dismissed the allegations against the employer at the outset of the hearing.
The Board declined to entertain the section 50 complaint, deferring to the arbitration process since the allegations did not amount to a total repudiation of the collective agreement.
The Board also found that the employer's discussions with applicants did not constitute interference with the union's bargaining rights under section 67.
The hearing proceeded solely on the section 68 duty of fair representation complaint against the union.
