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Duty of fair representation application dismissed; union reasonably relied on legal counsel to settle grievance.
The applicants, employees in the Quality Assurance Test Lab, alleged that their union breached its duty of fair representation under section 74 of the Labour Relations Act by withdrawing their classification grievance on the day of the scheduled arbitration.
The union had settled the grievance by securing an upgrade for another group of employees (MQS) while withdrawing the QA employees' claim, based on union counsel's opinion that the QA grievance lacked merit.
The Board found that the union's decision was not arbitrary, discriminatory, or in bad faith, as it was based on a thorough review of the facts and a legal opinion.
The application was dismissed.
