The applicants, former employees of a Loeb grocery store, alleged that their union breached its duty of fair representation under section 74 of the Labour Relations Act.
Following the acquisition of the store by A&P, the union consented to the store reopening as a Food Basics outlet under an existing collective agreement with inferior wages and no transfer of seniority.
The Board dismissed the application at the consultation stage, finding that the union's decision was reasonable given that the alternative was the permanent closure of the store and the loss of all employment opportunities for the bargaining unit members.
