The complainant filed an unfair labour practice complaint alleging that his union breached its duty of fair representation under section 68 of the Labour Relations Act.
The complainant argued that the union's counsel failed to call a specific witness during his discharge arbitration hearing, despite his instructions to do so.
The Board dismissed the complaint, finding that the union's counsel made a reasonable judgment call that the witness's evidence would be irrelevant to the culminating incident relied upon by the employer.
The Board concluded that the union's representation was not arbitrary, discriminatory, or in bad faith.
