The applicant filed a duty of fair representation complaint against his union, alleging it violated section 74 of the Labour Relations Act by negotiating a memorandum of agreement that allowed other employees to rewrite a certification exam, and by failing to require the employer to post a Chief Operator position permanently.
The Board dismissed the application, finding no evidence of a conspiracy between the union and the employer, noting the complaint regarding the memorandum was untimely, and observing that the applicant had failed to file a grievance or seek the union's advice when he first perceived he was being wronged.
