The applicant filed a duty of fair representation complaint against the union, alleging it failed to diligently pursue his discharge arbitration and failed to respond to his agent's request to raise an Occupational Health and Safety Act argument.
The Board dismissed the delay allegation, finding no evidence the union caused the arbitration delays.
However, the Board found the union's failure to communicate its decision not to pursue the OHSA argument constituted arbitrary conduct in violation of section 74 of the Labour Relations Act.
The Board allowed the complaint in part but declined to order a remedy, as the applicant had since received an answer and the breach was not egregious.
