FPSLREB Decisions

Decision Information

King v. Public Service Alliance of Canada

Collection FPSLREB Decisions
Decision Rendered 2025-06-06
Citation 2025 FPSLREB 69
Before Caroline Engmann
Decision Type Labour Relations
Subject Terms Duty of fair representation
Keywords Labour relations – Complaint under s. 190(1)(g) of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2) – Duty of fair representation – Bargaining agent’s discretion – Decision not to refer grievance to adjudication
Original Language English
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Summary:

The complainant made a complaint that the respondent acted in bad faith and arbitrarily when it decided not to refer her two grievances to adjudication. She alleged that its decision breached its duty of fair representation. The Board found that nothing in the respondent’s overall handling of her grievances, including its agreement to hold them in abeyance while she was on sick leave, was arbitrary or in bad faith. For the first grievance, the respondent analyzed it closely and determined that it was not adjudicable. It did not treat it superficially and was careful in how it deliberated and considered it. While the second grievance was adjudicable, the respondent decided not to refer it based on its merits. There was nothing arbitrary, negligent, or perfunctory in the respondent’s reasoning not to refer it to adjudication.

Complaint dismissed.

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