The applicant, an occasional teacher, filed a complaint alleging that his union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995, after the union withdrew a grievance concerning his termination.
The union sought to have the application dismissed without a hearing for failing to disclose a prima facie case.
The Board found that the applicant's allegations, even if true, did not establish that the union acted in an arbitrary, discriminatory, or bad faith manner.
The union had investigated the grievance, obtained a legal opinion, and made a reasoned decision not to proceed.
The application was dismissed.