- June 9, 2021
- Duty of Fair Representation
A duty of fair representation complaint was brought against IATSE Local 210 alleging it failed to properly represent the complainant when it settled a grievance. The grievance concerned a suspension imposed by the Employer, Oilers Entertainment Group Canada Corporation.
A panel of the Alberta Labour Relations Board summarily dismissed the complaint, finding that it had no reasonable prospect of success to actually proceed to hearing.
The complainant had raised concerns about a critical safety system in the workplace. An independent audit was conducted, and safety issues had not been addressed. The issues were reported to Occupational Health and Safety, and the employer blamed the grievor. The grievor was suspended him without just cause. The employer provided a letter to the Union’s business Agent notifying of the suspension. The letter described the grievor as a “distraction”, an “impediment” and a “embarrassment to the image of the Rogers Place”.
The grievor found the letter defamatory, and was concerned the letter was left in plain sight of non-executive Union members. A written grievance was filed by the Union with respect to the Complainant’s removal. The employer made two offers to settle, the first to substitute the suspension with a written warning, and the second to lift the suspension and pay any monetary loss for the two events the complainant was unable to work due to the suspension. The complainant was not interested in accepting either offer and insisted the Employer provide a written apology and a letter of retraction. The Union settled the grievance, after concluding it had obtained as much as it would be able to achieve in arbitration.
The Board determined that the Union did not fail in its duty of fair representation. It had reacted quickly, investigated the complaint, filed a grievance, and negotiated a reasonable settlement with the Employer. It did not act in an arbitrary discriminatory or bad faith manner.