The defendant union requested that the claim against it be dismissed under Rule 2.1.01 of the Rules of Civil Procedure as frivolous, vexatious, and an abuse of process.
The court found that the statement of claim contained no legally cognizable cause of action against the union, as the allegations were directed almost entirely at the employer.
The court dismissed the claim against the union but granted the plaintiff liberty to take steps to amend the statement of claim.
