The applicant filed a complaint alleging the union violated its duty of fair representation under section 74 of the Labour Relations Act by settling four of his grievances without his consent.
The union and the employer had agreed to a settlement that fully compensated the applicant for lost wages from two suspensions, while withdrawing two other grievances regarding overtime and a transfer.
The Board dismissed the application without a hearing, finding no prima facie case.
The Board reiterated that a union has carriage of grievances and is not required to take a matter to arbitration simply because the employee wishes it, provided the union's decision is not arbitrary, discriminatory, or in bad faith.