Drolet v. IATSE Local 56 [2008] D.C.R.T.Q. no. 220 (Quebec Labour Relations Board)

A French language decision (first of two decisions).  In this duty of fair representation complaint, the Quebec Board held in favour of the member.  In particular, the Board found that the local’s conduct in refusing Ms. Drolet membership without any explanation or transparency was arbitrary and negligent and contrary to Ms. Drolet’s right to procedural fairness.  In terms of remedy, the Board found that it would be inadequate to send the matter back to the local for it to provide an explanation for the refusal and inappropriate to refer the matter to an arbitrator since the matter did not involve the interpretation or application of any collective agreement.  Instead, the Board used its general remedial power under the Quebec Code to cancel the membership vote which had denied Ms. Drolet membership, order her reinstatement as a senior member retroactive to the date of the membership vote with compensation to be paid by the local for lost salary and benefits.

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English (Canada)