Can a union’s conduct be deemed arbitrary if it only superficially considers the facts and or merits of the grievance?
Canada (Federal), Canada
The following excerpt is from Brian Cadieux v Amalgamated Transit Union, Local 1415, 2016 CIRB 809 (CanLII):
As a result, a union’s conduct could be deemed arbitrary if the union only superficially considers the facts and or merits of the grievance, if it does not investigate to discover the circumstances surrounding the grievance, or if it fails to make a reasonable assessment of the likelihood of success of the grievance at arbitration. (Cadieux v. Amalgamated Transit Union, Local 1415, supra)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a union's decision that a particular grievance lacks sufficient merit to justify arbitration constitute a breach of fair representation? (MultiRegion, United States of America)
Does a union's decision that a particular grievance lacks sufficient merit to justify arbitration constitute a breach of the duty of fair representation? (MultiRegion, United States of America)
Can counsel conduct conduct deemed to be constitutionally deficient in a medical opinion? (MultiRegion, United States of America)
Does the fact that defendant may have voted in union elections or that he acted or was treated as a union member establish membership? ("New York", United States of America)
Can a union decline to advance a grievance to arbitration without breaching its duty of fair representation or engaging in discrimination? (Canada (Federal), Canada)
What is the effect of Burchill reasoning in determining that a grievance has been processed at all levels of the grievance process? (Canada (Federal), Canada)
In what circumstances will a Minister of Justice consider a hobby as a business when determining whether a hobbyist or an amateur should be considered a tax-payer business? (Canada (Federal), Canada)
What is the statute of limitations for an action brought by a plaintiff against a unionized union? (MultiRegion, United States of America)
Does a deeming provision under section 87(7)(d) of the Financial Conduct Authority apply to an amalgamated corporation? (Canada (Federal), Canada)
Can a unionized employee continue to take vacation entitlement to LOU #4 of the union while a challenge is being heard at arbitration? (Canada (Federal), Canada)
