- June 10, 2021
- Duty of Fair Representation
Second of two decisions. Duty of fair representation complaint. The member alleged that the local violated the Act by refusing to file a grievance when he was dismissed from his employment as “lead” in the set decorating department of a television series. The local argued that it did not file a grievance because the termination had been done in accordance with article 19, which provided that employees could be terminated or laid off with one week’s notice. The local further argued that the limited kind of just cause protection available to its members was a result of both the realities of the industry and the realities of negotiating with producers. The Board found that the local did not violate its duty of fair representation because there would not have been any basis for filing a grievance. The employer had complied with the collective agreement by providing one week’s pay in lieu of notice. The Board also found that it was not a violation of the Act for the local to not have negotiated stronger “just cause” language; the local provided a reasonable explanation as to why it had not been able to do so.