- June 10, 2021
- Duty of Fair Representation
The local filed a complaint against the International alleging that the International had breached its duty of fair representation by denying the local the right to have counsel present at trusteeship hearing. The hearing had been conducted following the appointment of a trustee by the International President, to determine whether or not a state of emergency existed in the local (the International President had declared there to be a state of emergency pursuant Article 7, Section 16 of the International’s constitution). The International argued that the local ought to have had recourse to the International’s internal appeal process. Based on the particular circumstances of the case, the Board declined to defer to the International’s internal appeal process and held that the local had a right to counsel pursuant to the Section 10 of the British Columbia Labour Code, which provided for a right to counsel in regard to serious matters such as those in the present case.