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Union breached duty of fair representation by perfunctorily withdrawing discharge grievance without consulting the grievor.
The complainant alleged that the union breached its duty of fair representation under section 68 of the Labour Relations Act by withdrawing his discharge grievance without adequate investigation.
The complainant had been terminated for absence without a satisfactory reason, despite providing medical notes.
The union withdrew the grievance after a doctor could not verify the illness for the entire period, but failed to contact other doctors or consult the complainant before doing so.
The Board found the union's conduct to be perfunctory and arbitrary.
The Board ordered the grievance to proceed to arbitration, with the union liable for a portion of any resulting compensation due to its breach and the complainant's delay.
