
Complaint under section 190 of Public Service Labour Relations Act – Duty of fair representation – Withdrawal of grievance – Change of position
The complainant asked the bargaining agent to grieve her working conditions and seek wage compensation – the grievance was filed and was then held in abeyance because the complainant was on sick leave – the complainant obtained a position in another department and waited a long time to confirm her new position with the bargaining agent – the bargaining agent withdrew the grievance because the complainant had not promptly informed it that she had changed positions and because the grievance had become moot since the complainant's workplace had changed – the Board held that the bargaining agent, through its representative, had acted arbitrarily – the bargaining agent’s reasons did not sufficiently justify its decision – a subsequent hearing will be held to determine remedies.
Application allowed.