The applicant filed a complaint alleging the union breached its duty of fair representation under section 69 of the Labour Relations Act by failing to process his harassment grievance to arbitration.
At the hearing, after the applicant testified, the Board entertained a non-suit motion without requiring the union to elect whether to call evidence.
The Board found that the applicant had failed to provide the union or the employer with any details of his harassment allegations despite repeated requests and opportunities to do so.
The Board concluded the union's decision not to proceed to arbitration was reasonable and dismissed the complaint.