- June 10, 2021
- Duty of Fair Representation
Third of three decisions. Duty of fair representation complaint. The member (Canale) complained that the local had breached its duty by failing to follow the grievance procedure and process his grievances. In terms of remedies, the member sought an apology from the local, a posting of the local’s admission of guilt and disregard for the Act and the grievance procedures and a direction that the local “following their own rules and collective agreement”. The local contended that the member’s complaint should be dismissed as it failed to disclose a prima facie case. The found that the member had failed to raise a prima facie case. In particular, the onus is on the applicant to allege some evidence of bad faith, arbitrariness and/or discrimination. It is generally insufficient to simply complain that the union did not take a grievance to arbitration or otherwise not handle the grievance to the liking of the applicant. The union is not obliged to carry grievances forward simply because the aggrieved employee wants it to. An employee does not have an absolute right to arbitration and the union enjoys consideration discretion. A corollary of this principle is that the union has the right to settle or cease to process grievances so long as there is no element of arbitrariness, discrimination or bad faith to such settlement. The Board declined to dismiss the complaint however choosing to give the member an opportunity to file additional materials.