What is the legal test for a union to meet the standard of good faith in representing employees?
Newfoundland and Labrador, Canada
The following excerpt is from United Steelworkers of America v. Butt, 2002 NLCA 62 (CanLII):
In all provinces but three[8], the Legislatures have enacted in the labour codes provisions specifying the standard to be met by a union in representing employees, and providing a complaint process for members who claim their union failed to meet the standard. Generally, unions are prohibited from acting in a manner that is arbitrary, discriminatory or in bad faith in representing any of the employees in the bargaining unit. To state the obvious, “arbitrary, discriminatory or in bad faith” echoes the standard which was set in the United States and recognized as the common law in Canada. (See the quote from Vaca v. Sipes above.)
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