The complainant alleged that the respondent union breached its duty of fair representation under section 68 of the Labour Relations Act by settling his grievance over strike-related discipline without his consent.
The union had consolidated 23 similar grievances for expedited arbitration and retained legal counsel.
After several days of hearing, union counsel negotiated a settlement that reduced the discipline for many employees and secured a commitment from the employer regarding the complainant's discipline.
The Board found that the union's decision to settle was based on a thorough understanding of the evidence and the merits of the case, and was not arbitrary, discriminatory, or in bad faith.
The complaint was dismissed.