You asked why and he simply told you that it's a bullshit issue, you'll never win it and it will just sour relations with the employer. Discriminatory... has been defined to include different treatment due to the employee's race, sex, religion or disability. As such, the employee organization has exclusive authority to bargain collectively on behalf of the employees in … Do the union and employer get to file written responses to the complaint? The duty of fair representation does not impose an absolute duty on a bargaining agent to advance a grievance to arbitration. Of course, having a legal representative who is knowledgeable about the LRB's procedures, writing the necessary documents and arguing before the Board is a plus. The Straight Goods on the Duty of Fair Representation part 1. Your union has the duty to represent all employees - whether members of the union or not-fairly, in good faith, and without discrimination. Duty of Fair Representation Section 12 of the Labour Relations Code prohibits unions from acting in a manner that is arbitrary, discriminatory or in bad faith when representing their members. Duty of Fair Representation Diaz first argues the trial court erred in rendering a summary judgment against him on his duty-of-fair-representation claim. Tag Archives: breach of the duty of fair representation. Then move on to the substance of your complaint. IAFF Legal Counsel Woodley & McGillivary LLP 1101 Vermont Ave, NW, Suite 1000 Washington, DC 20005 (202) 833-8855. Ask: Get the name and title of anyone you speak with at the LRB and make notes of any advice you receive. The FPSLREB does not assess the merits of the employee's grievance or second-guess the actual decision made by the bargaining agent as to whether or not it will take a grievance forward. Some LRB's have the power to dismiss DFR complaints based entirely on the written submissions they receive from the complainant (Ontario is one example of a jurisdiction where the LRB has this power and wields it like an axe). Actions made in bad faith are generally described as those motivated by personal feelings of hostility or ill will toward an employee. Mr. X clearly did not consider, in any meaningful way, the merits of my complaint or my rights and entitlements under the collective agreement. The union's conduct is arbitrary, discriminatory or in bad faith. There is no sure fire way of writing a DFR complaint that will assure you that your LRB won't read it and toss it. Many also charge big dollars for their services. These words have been interpreted in a number of cases by the Ontario Labour Relations Board. What you do at the mediation meeting with the LRB guy may decide whether whether your complaint goes ahead to hearing, is withdrawn or settled on a basis that may or may not be acceptable to you. Discriminatory conduct refers to the biased and unfair treatment of an employee based on illegal or prohibited grounds, such as age, race, religion, sex or medical condition. The City agrees to deduct from the salary of each member of the unit, who A duty of fair representation includes a union’s responsibility to bargain for and to enforce the collective bargaining agreement, as well as process meritorious grievances filed by the employees within the bargaining unit. This is really up to you. The duty, which is owed to all bargaining unit members, captures a union’s obligation to fairly represent all its members without discrimination. There are perhaps as many misconceptions about the duty of fair representation as any other principle in the public safety workplace. As a starting point, get as much information as you can about what is required of you from your LRB. We disagree. Use this to your advantage. Make sure that your complaint includes a statement to the effect that "The union's actions [whatever it did or did not do] are arbitrary, discriminatory and/or in bad faith.".