Does the duty of fair representation require a union to follow the direction of individual members?
Canada (Federal), Canada
The following excerpt is from Gibbins v. Professional Institute of the Public Service of Canada, 2015 PSLREB 36 (CanLII):
77 Citing Bahniuk v. Public Service Alliance of Canada, 2007 PSLRB 13, the union argued that the duty of fair representation does not require it to follow the direction of individual members in deciding whether to support a grievance or in its approach to the grievance. The right of individuals to be represented by the union is not unlimited. As long as the union exercises its judgement fairly, without discrimination or arbitrariness, it is entitled to decide how to allocate its resources.
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