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Duty of fair representation complaint dismissed; union not required to provide legal counsel at arbitration.
The complainant alleged that the respondent union violated its duty of fair representation under section 68 of the Labour Relations Act regarding his discharge grievance arbitration.
The complainant, who was discharged for theft, argued that the union representative did not properly represent him and that he should have been provided with legal counsel.
The Board dismissed the complaint, finding that the union representative was experienced, had prepared a strategy focusing on rehabilitation, and that the union was under no obligation to retain a lawyer for the arbitration.
