- June 10, 2021
- Duty of Fair Representation
Second of two decisions. Duty of fair referral complaint and allegation of failure to provide a financial statement. The member (Kliki) alleged that the local had breached its duty of fair representation in failing to refer him to work during the month of January 2004 and also failed to furnish him with a financial statement as per section 92.1 of the Act. The local argued that the applications should be dismissed as failing to disclose sufficient factual allegations or particulars. After noting that it had the discretion to dismiss an application if it does not allege facts upon which the Board could find that the Act had been violated or if it found that no labour relations purpose would be served by proceeding with it, the Board decided to give the member an opportunity to respond to the local’s request to dismiss the applications.