Local 56 v. Drolet [2009] QCCRT No. 0194 (Quebec Labour Relations Board)

A French language decision (second of two decisions).  Local 56 sought a review of the Board’s earlier decision finding that it had breached its duty of fair representation and ordering the reinstatement of Ms. Drolet’s membership with damages for lost salary and benefits.   Despite disagreeing with a number of the original panel’s findings, the Review Board upheld the original panel’s decision on the basis that it contained no invalidating error of substance.  Specifically, it agreed with the original panel’s finding that the duty of fair representation protected Ms. Drolet from having her employment terminated without any explanation and for no reason other than the loss of union membership.   It was not necessary to call into question the local’s Constitution and Bylaws; the original panel’s decision was sufficiently supported by the facts; i.e., the failure to provide Ms. Drolet with any explanation.  The Review Board also refused to overturn the original panel’s decision with respect to the remedy granted to Ms. Drolet (i.e., reinstatement with compensation for lost salary and benefits). 

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English (Canada)