The 27 complainants, unsuccessful applicants for a supervisory position at Ontario Hydro in 1990, alleged that their union breached its duty of fair representation under section 69 of the Labour Relations Act by withdrawing their group grievances in 1992.
The union and the employer (as intervenor) raised a preliminary objection, arguing the Board should decline to inquire into the complaint due to delay, the fact that a parallel complaint by another unsuccessful applicant had already been dismissed, and the practical impossibility of providing a meaningful remedy years after the fact.
The Board agreed, exercising its discretion under section 91 to dismiss the complaint without a full hearing on the merits.
