The complainant alleged that her union breached its duty of fair representation under section 68 of the Labour Relations Act by arbitrarily failing to refer her constructive dismissal grievance to arbitration.
The complainant had been deemed to have quit by the employer after failing to provide an original medical certificate.
The union conceded it breached section 68 at a membership meeting where the decision not to arbitrate was made.
The Board found the union failed to consider the complainant's exemplary employment history and the circumstances of her illness, and allowed a union steward with a conflict of interest to influence the decision.
The Board ordered the union to refer the grievance to arbitration, directed the parties to waive time limits, and ordered the union to pay compensation for the period of delay if the grievance succeeds.
