The complainant, a part-time dockhand, alleged that the union and employer breached sections 66(b) and 68 of the Labour Relations Act.
He claimed the union failed to represent him fairly by not consulting part-time employees during bargaining, not negotiating just cause protections for them, and refusing to file a grievance when he was removed from the part-time list.
The Board found that the union breached its duty of fair representation under section 68 by failing to consult part-time employees prior to or during collective bargaining.
However, the Board dismissed the allegations regarding the failure to negotiate just cause protections and the refusal to file a grievance, finding the union correctly interpreted the collective agreement as not providing substantive discharge protections for part-time employees.
The section 66(b) complaint was also dismissed.
