FPSLREB Decisions

The complainant made a complaint under s. 190(1)(g) of the Act, alleging that the respondent committed an unfair labour practice within the meaning of s. 187 – the Board found that a large portion of the complaint was untimely because it involved events that did not occur within the statutory 90-day limitation period – for the timely portion of the complaint, the complainant argued that the respondent breached its duty of fair representation when it failed to assist her with her accommodation needs and failed to file the grievances she wished to file against some bargaining agent representatives – she also argued that the respondent discriminated against her because other complaints or grievances were dealt with more quickly than were hers – the Board found no arbitrariness because the respondent inquired about her accommodation needs, to help her – she had a responsibility to cooperate and respond to those inquiries, which she never clearly did – the Board found that the respondent did not breach its duty of fair representation because the unfiled grievances did not relate to issues between the complainant and the employer – the Board found that the complainant was not discriminated against; the delay resulted from the lack of clarity in communication, which slowed the processes – the Board found no bad faith when the respondent's behaviour was considered objectively – the Board noted that the duty of fair representation does not extend to matching personalities.

Complaint dismissed.