FPSLREB Decisions

Decision Information

Bristman v. Professional Association of Foreign Service Officers

Collection FPSLREB Decisions
Decision Rendered 2024-03-21
Citation 2024 FPSLREB 39
Before Adrian Bieniasiewicz
Decision Type Labour Relations
Subject Terms Duty of fair representation
Unfair labour practice
Keywords Labour relations – Complaint made under s. 190(1)(g) of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2; “the Act”) – Unfair labour practice – Duty of fair representation – Arguable case
Summary:

The complainant made a complaint under s. 190(1)(g) of the Act, alleging that the respondents committed an unfair labour practice within the meaning of s. 187 by handling his request for assistance with pay issues negligently, lying about the efforts made to assist him, and refusing to address the conduct of the bargaining agent’s employee – the respondents made a preliminary motion to dismiss the complaint, arguing that it did not disclose an arguable case – the Board found that the alleged facts disclosed an arguable case that the respondents acted carelessly by leading the complainant to believe that a request to review his pay file had been made when it had not – it found that there was an arguable case that the respondents acted in bad faith – the Board also determined that the alleged facts disclosed that the respondents acted arbitrarily by making a request to review the pay file only several months after the complainant had provided the requested information – there was no arguable case with respect to the alleged refusal to address the conduct of the bargaining agent’s employee because it involved internal union matters.

Preliminary motion allowed in part.

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