The complainant, a former zone affiliate of the respondent employer bargaining agency, alleged that the respondent breached its duty of fair representation under section 151(2) of the Labour Relations Act by excluding it from the Mechanical Trade Bargaining Committee (MTBC).
The complainant had withdrawn from full membership due to concerns over the involvement of non-union employers but sought continued participation in labour relations matters.
The Board found that the respondent acted arbitrarily by failing to properly consult with the complainant regarding negotiations.
The Board ordered the respondent to grant the complainant observer status at MTBC meetings, though it declined to order full voting rights.