The complaint had two parts – it alleged that representatives of the complainant’s bargaining agent had failed to present a grievance on his behalf – it also alleged that representatives of the employer had discriminated against him because he had filed a grievance – the Board removed the complainant’s manager as a respondent, based on the complainant’s acceptance of the employer’s undertaking to have the manager appear as a witness at the hearing – the complainant later settled that part of his complaint against his bargaining agent’s representatives – as the employer no longer intended to have the manager appear as a witness at the hearing, the Board reinstated him as a respondent – the employer and the manager objected to the Board’s jurisdiction to hear the complaint and to reinstate the manager as a respondent – the Board found that the belief of the employer’s representatives that a grievance had been filed allowed it to hear the allegation of discrimination against the complainant – the Board further found that, because the discrimination was of an ongoing nature, the complaint was valid with respect to events that occurred in the 90 days before its filing – the Board also found that, under the PSLRA, it had the power to reinstate the manager as a respondent – finally, the Board found that the employer and the manager had met their onus of disproving the allegation of discrimination.

Objections dismissed.

Complaint dismissed.