Duty of fair representation complaint dismissed for lack of jurisdiction, untimeliness, and lack of merit.
The applicant filed a complaint alleging the union breached its duty of fair representation by agreeing to withdraw his classification grievance as part of a Social Contract negotiation with the government.
The Ontario Labour Relations Board dismissed the complaint, finding it lacked jurisdiction because the events occurred before the Labour Relations Act applied to Crown employees.
The Board further held that even if it had jurisdiction, the complaint was untimely due to a 20-month delay, and on the merits, the union did not act arbitrarily in balancing the interests of individual grievors against the preservation of jobs for the bargaining unit as a whole.
