The applicant filed a complaint alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act by failing to adequately investigate his termination for lack of work.
The union brought a motion to dismiss the application for failing to disclose a prima facie case.
The Board dismissed the motion, finding that the applicant's allegations, if proved, could establish a violation of the Act.
However, noting that the union and the employer had provided a complete answer to the allegations, the Board directed the applicant to file a reply before determining whether to exercise its discretion under section 96 to refuse to inquire further into the complaint.