The applicant filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to pursue a grievance relating to payment for relief work.
The union and the employer argued that the grievance was brought to the union's attention outside the 30-day time limit set out in the collective agreement.
The Board found that the applicant did not communicate his expectation for a grievance to be filed within the required timeframe.
The Board concluded that the union did not act in an arbitrary, discriminatory, or bad faith manner by refusing to file an untimely grievance.
The application was dismissed for failing to make out a prima facie case.
