The applicant filed a duty of fair representation complaint against the union under section 74 of the Labour Relations Act, seeking to have his discharge grievance advanced to arbitration.
The grievance had previously been settled at mediation, with the applicant signing a settlement that included his resignation and a payment of over $34,000.
The Board dismissed the complaint, finding that the union did not act arbitrarily, discriminatorily, or in bad faith, and that the settlement was reasonable given the employer's evidence regarding the alleged patient abuse.