William A. Harrison

The complainants alleged that the respondent union breached its duty of fair representation under section 69 of the Labour Relations Act regarding a Pay Equity Plan.

At the hearing, the complainants moved to adjourn the proceedings pending a related court application, while the respondent moved to dismiss the complaint for failing to disclose a prima facie case.

The Board dismissed both motions, finding that the complaint arguably supported a breach of the duty of fair representation and that an adjournment was not appropriate given the delay and the Board's exclusive jurisdiction over fair representation complaints.

The complainant alleged that her union breached its duty of fair representation under section 68 of the Labour Relations Act by withdrawing her transfer grievance from arbitration.

The union withdrew the grievance after assuming the complainant had rejected a settlement offer, based on information from the employer that she had contacted the university president.

The Board found the union acted arbitrarily by failing to ascertain the complainant's actual decision regarding the settlement before withdrawing the grievance.

The Board ordered the arbitration reinstated and directed the union to retain jointly selected counsel to represent the complainant.