Brown and Edwards v. Local 891 [1999] B.C.L.R.B.D. No. 102 (BC Labour Relations Board)

Duty of fair representation complaints by members (Brown and Edwards) to whom the local refused to grant membership and seniority list placement in two departments concurrently.  The members claimed that the local’s actions were discriminatory and arbitrary.  The Board dismissed the grievances.  The local did not act in a discriminatory manner within the meaning of the term; i.e. “application of membership rules to distinguish between individuals or groups on grounds that are illegal, arbitrary or unreasonable.”  Nor was there any evidence that the local’s actions had been arbitrary.  The local turned its mind to the issue and made a decision.  Simply because the complainants disagree with the decision is not proof of a breach of the Code.

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