The applicants filed complaints alleging that their union breached its duty of fair representation under section 74 of the Labour Relations Act during their grievance arbitration.
The applicants claimed that union counsel was uncaring, incompetent, failed to call corroborating witnesses, and fell asleep during the hearing.
The Board dismissed the applications, finding that union counsel's strategic decisions, including not calling certain witnesses and not seeking judicial review of the arbitrator's award, were reasonable judgment calls.
The Board concluded that the union's conduct was not arbitrary, discriminatory, or in bad faith, and that the applicants received adequate representation.
