Section 37 Duty of Fair Representation Complaint Canada Labour Code
Important Information
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The personal information provided on this form and any documents submitted with it are collected solely for the purpose of administering the Canada Labour Code and will be used to deal with and adjudicate matters that come before the Board. Parties that engage the Board’s services should be aware that it involves a public process. The Board provides public access to case files and posts key decisions electronically on its website. Board decisions may identify parties and witnesses by name and may set out information about them that is relevant and necessary to the determination of the dispute.
READ THESE INSTRUCTIONS BEFORE YOU BEGIN
This form is intended to assist you in providing the information required for making a duty of fair representation complaint pursuant to section 37 of the Canada Labour Code (the Code).
Please refer to the Board’s decision in McRaeJackson, 2004 CIRB 290, which explains the principles the Board will consider.
Please note that a duty of fair representation complaint is not an action against your employer.
A complaint under section 37 of the Code is made against the union, or any one of its representatives. Section 37 prohibits a union or any of its representatives from acting in a manner that is arbitrary, discriminatory or in bad faith with respect to your rights under the collective agreement. The union has a right to decide whether to take a grievance to arbitration or to settle it, even if you are not in agreement. However, the union must not make this decision in a way that is arbitrary, discriminatory or in bad faith.
The Board will review your complaint having regard to the Code and the Board’s extensive case law on section 37 complaints. It will consider all of the material on file, including submissions and supporting documentation. It is your responsibility to provide the Board with all of the information that is necessary for it to decide the complaint. Missing information or documents could lead to dismissal of the complaint or delays in its processing.
The information you provide the Board must be sufficient to satisfy the Board that there has been an apparent violation by the union of its duty of fair representation. In other words, you must present evidence that is sufficient for the Board to conclude that, if it accepts your allegations as being true, the union may have failed to meet its duty of fair representation. This is to help the Board assess if there are sufficient grounds for the complaint to proceed. The Board may dismiss the complaint if it is not satisfied that there is an apparent violation.
The Board has Industrial Relations Officers (IROs) involved in the processing of various cases throughout Canada. These IROs mediate cases, where appropriate. If a settlement is not reached during mediation, the officer may continue to assist the parties to achieve a voluntary settlement before the Board decides the matter. An IRO may contact you regarding mediation of your complaint.