The complainant filed a section 89 complaint alleging the union breached its duty of fair representation under section 68 of the Labour Relations Act by withdrawing his discharge grievance without notifying him.
The complaint was filed over three years after the grievance was withdrawn.
The complainant attributed the delay to incorrect advice from his legal counsel, who told him to await the outcome of his criminal proceedings and a similar arbitration involving another employee.
The Board declined to inquire into the complaint, finding that the extreme delay was unjustified and that the respondents, who were not responsible for the delay, would suffer significant prejudice if the matter proceeded.
