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2005 PSLRB 70
Unfair Labour Practice – Complaint based on paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging a violation of subsection 10(2) – Duty of fair representation – Arbitrariness – Grievance – Classification – Bargaining agent’s duty to inform of the right to file an application for judicial review of the reply given at the final level of the grievance process, where adjudication is not available
The complainant filed two grievances, one against her employer’s decision not to pay her overtime, the other, against failure to review the classification of the two positions in which she worked – her bargaining agent represented her in relation to both grievances, up to the final level of the grievance process – the bargaining agent decided not to refer her grievances to adjudication – it also failed to inform her in a timely manner of her right to file a judicial review application against the final-level reply given to her classification grievance – the Board found that the bargaining agent had analyzed the grievances diligently and thoroughly before deciding not to refer them to adjudication – that decision fell within its discretion to refer grievances to adjudication – the complainant was unable to show any arbitrariness, discrimination or bad faith on the part of her bargaining agent with regard to that decision – the Board further found that, in the specific circumstances of this case, the bargaining agent acted in an arbitrary manner in failing to advise the complainant in a timely fashion of her right to file a judicial review application of the final-level reply given to her classification grievance.
Complaint allowed, in part.