FPSLREB Decisions

Decision Information

Belisle v. Public Service Alliance of Canada

Collection FPSLREB Decisions
Decision Rendered 2025-06-25
Citation 2025 FPSLREB 79
Before Bryan R. Gray
Decision Type Labour Relations
Subject Terms Duty of fair representation
Keywords Labour relations – Duty of fair representation – Frivolous and vexatious complaint – Failure to follow Board directions – Complainant delaying complaint process
Original Language English
Note Please note that this decision will be published when it is available in both official languages. If you wish to obtain a copy of the decision in the official language it was written, please communicate with mail.courrier@fpslreb-crtespf.gc.ca.
Summary:

The complainant made a duty-of-fair-representation complaint in 2019. The Board scheduled a hearing for mid-2023, but the complainant requested that it be postponed. The respondent then made a motion to dismiss the complaint. In December 2023, the Board held a hearing to consider the respondent’s motion and the Board’s earlier direction that the complainant provide a one-page list of particulars explaining each of her allegations. In the months after the hearing, the Board repeatedly reminded the complainant of its directive, but she still failed to comply with it. In April 2025, the Board warned the complainant that if she failed to comply by April 28, 2025, it might close her file, without further notice. The complainant replied but still did not provide the list. She effectively stated that she would provide it when she chose to. The Board then exercised its power to dismiss the complaint under s. 21 of the Federal Public Sector Labour Relations and Employment Board Act (S.C. 2013, c. 40, s. 365) on the basis that it was frivolous and vexatious. Failing to comply with a Board order and causing unjustified delays in the complaint process were clear signs of frivolous and vexatious behaviour.

Complaint dismissed.

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