- June 10, 2021
- Duty of Fair Representation
Duty of fair representation complaint by member (Bunce) who was refused representation by the local after the employer (F&D Scene Changes Ltd.) refused to put him to work when he was dispatched. The local also raised a preliminary objection that the member could not bring a complaint as he was neither an employee nor former employee of the employer. The Board dismissed the local’s preliminary objection finding that the member was a former employee. The Board upheld the complaint. It found that the local had acted in an arbitrary manner and in bad faith as it acted on uniformed and erroneous information which it failed to verify, it took no real steps to investigate the grievance or consider other potential interpretations of the collective agreement, and never apprised the member of information it was relying on thereby making it impossible for the member to respond.