The applicant filed a duty of fair representation complaint against the union for refusing to participate in an application for judicial review of an arbitration decision that upheld his discharge.
The responding party and intervenor brought preliminary motions to dismiss the complaint for undue delay.
The Board found that the applicant had delayed for several years without a satisfactory explanation, including failing to take reasonable steps to have the matter relisted after sine die adjournments.
Given the prejudice to the parties and the potential disruption to established seniority rights, the Board declined to exercise its discretion to inquire into the complaint and dismissed the application.
