The complainant alleged that the respondent union breached its duty of fair representation under section 68 of the Labour Relations Act by failing to provide him with a lawyer at his arbitration hearing.
The Ontario Labour Relations Board dismissed the complaint, holding that a union official representing a grievor need not be a lawyer.
The Board found that the complainant failed to establish that the union official made any reckless, flagrant, or capricious mistake, or failed to give proper attention to the case.