Respondent
Petitioner
Timothy Moorley brought a judicial review application challenging the decision of the Union not to pursue arbitration regarding his termination from his employment with Coast 2000 Terminals Ltd. The Labour Relations Board (LRB) found that the Union had not acted in an arbitrary or bad faith manner in representing Mr. Moorley. Mr. Moorley had been employed by the Employer for eleven years and was terminated for theft of time. The Union tried to negotiate reinstatement, but the Employer refused due to disciplinary issues and a poisoned work atmosphere. Mr. Moorley filed a complaint alleging that the Union breached its duty of fair representation. He claimed that the Union's decision not to pursue an oral hearing had been arbitrary and in bad faith. Mr. Moorley sought reconsideration, arguing that an oral hearing had been necessary. The LRB denied leave for reconsideration. The court held that the Reconsideration Decision had been deemed reasonable, and Mr. Moorley's petition had been dismissed. No costs were awarded.
Court
Supreme Court of British ColumbiaCase Number
S214965Practice Area
Labour lawAmount
Winner
RespondentTrial Start Date
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