The complainant, a dismissed university professor, alleged that his union breached its duty of fair representation under section 68 of the Labour Relations Act by refusing to seek judicial review of an arbitration award that upheld his discharge.
The union had consulted with legal counsel and concluded there were no legal grounds for judicial review.
The Ontario Labour Relations Board dismissed the complaint, finding that the union's decision was reasonable, not arbitrary, discriminatory, or in bad faith, and that a union is not obligated to pursue judicial review of an arbitration award when it reasonably believes the application would fail.
