Public Service Labour Relations Board
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Mangat v. Public Service Alliance of Canada

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2010 PSLRB 52
Before: Ian R. Mackenzie
Decision Rendered: April 6, 2010
Original Language: English
Unfair labour practice complaint – Whether decision of bargaining agent was arbitrary, discriminatory or in bad faith – Internal union affairs – Burden of proof

The complainant alleged that, during a local executive meeting, the local Vice-President had accused him of making obscene phone calls to her and that those defamatory statements were repeated to other local members and to his employer – those statements led to police and employer investigations, which, he alleged, had damaged his reputation – he stated that his bargaining agent refused to assist him in filing a grievance against the employer about its failure to investigate properly and to discipline the Vice-President – the complainant filed an unfair labour practice complaint under paragraph 190(1)(g) of the Public Service Labour Relations Act, alleging that the Public Service Alliance of Canada (PSAC) had failed to properly and fairly represent him – both the PSAC and the employer refused to take action as they viewed it as an internal union matter – the duty of fair representation is not engaged for internal union matters – the complainant did not produce submissions to support a conclusion that his bargaining agent had acted in bad faith, arbitrarily or in a discriminatory manner in declining to represent him in a grievance.

Complaint dismissed.