The applicant, a union member, filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to file a grievance over his layoff.
The applicant claimed he was improperly laid off while another worker was retained.
The Board found that the union investigated the complaint and reasonably concluded that the layoff was conducted in accordance with the collective agreement's 'last in, first out' practice.
The application was dismissed as there was no evidence of arbitrary, discriminatory, or bad faith conduct by the union.
