Where an employee is alleging a violation of the union’s duty of fair representation, in Ontario they must bring an application before the Labour Relations Board.
This duty applies to all the employees in the bargaining unit represented by the union, regardless if they are a member of the union or not. For example, during arbitration, the union would be expected to act fairly, in good faith and without discrimination towards any member of the unit regardless of whether or not the grievant is a member of the union. A union is not allowed to act arbitrarily or discriminatorily when they are processing grievances.
Where an employee wishes to pursue their duty of fair representation, in Ontario, they will be required to submit their complaint with the Labour Relations Board in a timely fashion and no later than that which is required under statute.
A union is given the opportunity to file a response, and the employer may seek to intervene. The parties will usually be expected to mediate the issue, and if no resolution is reached then, subject to some interim procedural steps, a full hearing will be scheduled. If the Board finds the complaint to be without merit, then it will be dismissed.
How can Zeilikman Law help?
As experienced labour lawyers, we can provide guidance and legal advice during difficult circumstances to try to avoid a duty of fair representation application being brought. Our experienced lawyers are also able to provide the legal advice and guidance that is needed during the process when a duty of fair representation application is made.
At Zeilikman law, we understand the difficulties that can arise throughout the complex process, from when an application is being filed to the full hearing if necessary.
Call us at 905-417-2227 to get started!