The applicant, a union member with a physical disability, alleged that the union breached its duty of fair representation under section 74 of the Labour Relations Act by refusing to file a grievance after he was laid off.
The applicant and the union had an informal arrangement to accommodate his disability by referring him to supervisory roles.
The employer laid off the applicant because the carpenters he was supervising were also laid off, and he could not perform the physical duties of a working foreman.
The Board dismissed the application, finding that the union did not act arbitrarily, discriminatorily, or in bad faith in assessing the situation as a legitimate layoff and refusing to file a grievance.
