How has the union represented the Complainant in a grievance procedure?
Alberta, Canada
The following excerpt is from Poole v Canadian Energy Workers Association, 2016 CanLII 81003 (AB LRB):
The Union communicated with the Complainant by his inclusion in the Step 3 grievance procedure. Regardless, non-communication is not a breach of the duty of fair representation when it results in no prejudice: see Dezentje v. IBEW, Local 424 [1999] Alta. L.R.B.R. at pages 399-400. No prejudice arose from any defect of communication here.
"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
What is considered a breach of the duty of fair representation of a union by not communicating with a union representative? (Alberta, Canada)
Is a union discriminated against the Complainant by refusing to file a grievance concerning vacation accrual? (Alberta, Canada)
When will a union be found to have breached their duty of fair representation by not communicating with a union representative? (Alberta, Canada)
What is the conduct of the complainant in failing to complain? (Alberta, Canada)
What is the common law procedure for producing records relating to a complainant or witness in the possession of a third party? (Alberta, Canada)
Is a communication within the grievance procedure necessary to define the scope of the dispute? (Alberta, Canada)
How have arbitrators dealt with a grievance brought by a unionized employee who was terminated because of her disability? (Alberta, Canada)
Can a Commissioner of Justice defend his decision to refuse to grant a unionized union a vote to strike? (Alberta, Canada)
What is the test for "chance or uncertainty" in the Division 2(2) of the Rules of Criminal Procedure? (Alberta, Canada)
Can a summary trial procedure apply to soft tissue injuries? (Alberta, Canada)
