What is an example of the duty of fair representation?
A: The duty of fair representation only applies to a union’s representation of an employee in connection with his or her employer. Examples include union decisions in processing grievances, including those involving Employment Standards Act entitlements, and in conducting negotiations.
What are labor relations board responsibilities?
The Alberta Labour Relations Board is the independent and impartial tribunal responsible for the day-to-day application and interpretation of Alberta’s labour laws. The Board administers the Labour Relations Code, the Public Service Employee Relations Act and the Police Officers Collective Bargaining Act.
What to do if your union is not representing you?
Yes. Legally, the union has the same obligation to represent you fairly as it does to represent union members. You can ask the union to file a grievance if you are fired or disciplined, even if you are not a member.
What does the Ontario Labour Relations Board do?
From its inception as Canada’s first “Labour Court” to its most recent incarnation, the Ontario Labour Relations Board administers a variety of employment and labour relations-related statutes with a view to promoting safe, fair and harmonious conditions in Ontario’s workplaces.
What is meant by the union’s duty of fair representation?
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. A breach of the duty of fair representation is a violation of law.
What are the two primary duties of the National Labor Relations Board?
The Board has two principal functions under the National Labor Relations Act: (1) The prevention of statutorily defined unfair labor practices on the part of employers and labor organizations or the agents of either, and (2) the conduct of secret-ballot elections among employees in appropriate collective-bargaining …
Can you sue your union for lack of representation?
According to the National Labor Relations Act, every employee has the right to join a union. Members can sue the union for misrepresentation if they believe that it failed to fulfill its legal duty of fair representation.
What is an unfair Labour practice in Ontario?
An unfair labour practice complaint is an allegation that an employer, a trade union or an individual has engaged in an activity that is prohibited by the Canada Labour Code (Part I–Industrial Relations).
How do I sue my union for misrepresentation?
How to Sue your Union for Misrepresentation
- Try to resolve the matter internally with your union representatives.
- Collect evidence for your claim.
- If the EEOC or NLBR conclude that you have been treated unfairly by the union, they will issue a right-to-sue letter.
- Get legal counsel before you start filing a lawsuit.