The complainant, a doorman, was terminated by the respondent hotel following an altercation with a guest.
The respondent union investigated the grievance but ultimately decided not to proceed to arbitration, citing the complainant's disciplinary record and the merits of the case.
The complainant alleged the union breached its duty of fair representation under section 68 of the Labour Relations Act.
The Ontario Labour Relations Board found that the union acted arbitrarily by failing to properly notify the complainant of the times and places of the Executive and membership meetings where his grievance was considered, depriving him of his right to present his case.
The Board ordered the union to provide the complainant an opportunity to attend and present his case at both meetings.
