The applicant filed a duty of fair representation complaint against the responding party union under section 74 of the Labour Relations Act, 1995, seeking to have the union process a grievance regarding long-term disability benefits.
During a consultation, the Board noted that the collective agreement appeared to contain an article precluding a successful grievance.
The Board ordered the applicant to provide a clear statement of facts and the specific collective agreement provisions allegedly violated, and scheduled a continuation of the consultation to hear submissions on whether a remedy is available and whether the application should be dismissed for failing to make out a prima facie case.
