A group of Registered Nursing Assistants (RNAs) filed a complaint alleging that their union breached its duty of fair representation under section 69 of the Labour Relations Act.
The RNAs claimed the union misled them by failing to disclose that a grievance settlement providing additional compensation might be reached shortly after they signed releases to obtain immediate severance pay.
The Ontario Labour Relations Board dismissed the complaint, finding that the union had no reason to anticipate a settlement at the time the releases were signed.
The Board concluded that the union's failure to mention the remote possibility of a monetary settlement was an honest oversight and did not constitute arbitrary, discriminatory, or bad faith conduct.
