[73] I find that CUPE Local 3264 and its Executive failed the plaintiff at every turn. The "not caring" attitude manifested by the Local Executive was inconsistent with the duty of fair representation owed to the plaintiff by the Executive. It was this attitude which led the Local Executive to abandon the plaintiff, his rights and his career. This action and inaction together with the violation of the plaintiff's rights certainly caused him some degree of mental stress. For this and for the violation of the plaintiff's rights I award the plaintiff $25,000.00.

[15] ... The copying of this letter to the National body is the only piece of evidence showing that the National was aware of what was happening in the Local.

[65] In conclusion I find that CUPE National did not owe a duty of fair representation to the plaintiff...

Judge Felix A. Cacchione
Supreme Court of Nova Scotia