The applicants filed a complaint alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995.
The union had negotiated an agreement with the employer to grant seniority to temporary employees, which displaced existing members on the seniority list.
The union failed to inform the membership of this specific change and its implications prior to the ratification vote.
The Board found that the union's failure to provide sufficient information to allow for informed debate on a matter significantly affecting job security was arbitrary and constituted a breach of the duty of fair representation.
However, the Board found no breach regarding the union's subsequent withdrawal of a grievance on the matter.
