Can a union decline to advance a grievance to arbitration without breaching its duty of fair representation or engaging in discrimination?

Of course, there will be instances of a union declining to advance a grievance to arbitration without breaching its duty of fair representation or engaging in discrimination. And, in such cases, the employee will indeed be left without a forum for resolution. But this state of affairs — which, it bears restating, can be undone by clearly expressed legislative intent to the contrary — is a product of the union’s statutorily granted monopoly on representation (Bisaillon, at paras. 24‑28; Noël v. Société d’énergie de la Baie James, 2001 SCC 39, [2001] 2 S.C.R. 207, at para. 41). In other words, it is a product of legislative choice, to which we are bound to give effect. (c) Summary