The applicant, a probationary employee, filed a duty of fair representation complaint against the union for failing to grieve his dismissal.
The union and the employer argued that under the collective agreement, probationary employees have no right to grieve a dismissal.
The Board dismissed the application at the consultation stage for failing to make out a prima facie case, finding that the union acted in compliance with the Act by deciding not to file a grievance that had no possibility of success.
