The applicant filed an application alleging the union breached its duty of fair representation under section 74 of the Labour Relations Act.
The union had agreed with the employer to restore the seniority of another employee who had previously resigned after being denied a leave of absence.
This restoration of seniority caused the other employee to win a job competition over the applicant.
The union subsequently withdrew a grievance filed on the applicant's behalf regarding the job posting.
The Board dismissed the application, finding that the union's decision to restore the other employee's seniority was made in good faith to rectify what it viewed as an improper denial of leave, and its actions were not arbitrary, discriminatory, or in bad faith toward the applicant.
