When will a union be found to have breached their duty of fair representation by not communicating with a union representative?
Alberta, Canada
The following excerpt is from Morris v Canadian Energy Workers Association, 2017 CanLII 348 (AB LRB):
Conversely, non-communication will not be found to be a breach of the duty of fair representation where it results in no prejudice to the complainant: Dezentje at page 400. The ability of an individual to provide input into a union’s investigation is a significant component of the duty of fair representation (especially in a case involving job loss) and it should not be eroded by a narrow view of what constitutes prejudice to a complainant: Toal v. General Teamsters, Local Union No. 362, [2016] Alta. L.R.B.R. 56.
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