The complainant alleged that his union breached its duty of fair representation under sections 68 and 69 of the Labour Relations Act by failing to properly process his grievances concerning his lay-off and the employer's subsequent refusal to rehire him. The employer had refused to rehire the complainant because it believed he was responsible for an unlawful work stoppage. The Board found that the union acted arbitrarily by failing to give the complainant an opportunity to respond to the damaging information it had received about his involvement in the work stoppage, and by failing to inform him that it had decided not to proceed with his grievance. The Board ordered the union to compensate the complainant for the loss of opportunity to have his grievance arbitrated, valued at approximately one week's pay, and to post a notice.
Ontario Labour Relations Board
Parties: Angelo Ritrovato, Complainant, v. International Union of Operating Engineers, Local 793, Respondent
Before: Robert D. Howe, Vice-Chairman.
Appearances: Yvon Renaud for the complainant; B. Chercover, J. Kennedy and G. Palanuk for the respondent.