The complainant, representing a group of bartenders, alleged that the union breached its duty of fair representation under section 68 of the Labour Relations Act.
The complaint arose from the union's negotiation of a first collective agreement that replaced fixed day shifts with rotating shifts, and its subsequent refusal to take grievances regarding this change to arbitration.
The Board dismissed the complaint, finding that the union's bargaining proposals were based on a legitimate desire to eliminate perceived favouritism and were ratified by the majority.
Furthermore, the union's decision not to arbitrate the grievances was reasonably based on legal advice.
