FPSLREB Decisions

Decision Information

Roberts v. Professional Institute of the Public Service of Canada

Collection FPSLREB Decisions
Decision Rendered 2025-09-05
Citation 2025 FPSLREB 106
Before Brian Russell
Decision Type Labour Relations
Subject Terms Duty of fair representation
Time limit
Keywords Labour relations – Duty-of-fair-representation complaint – Written submissions – Preliminary objections – Timeliness – Judicial review application – Federal Court decision – No exceptional circumstances
Original Language English
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Summary:

The complainant made a duty-of-fair-representation complaint against his bargaining agent, the respondent, alleging a violation of s. 187 of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2; “the Act”). The respondent made 2 preliminary objections on the basis that the complaint was made outside the 90-day time limit set out in the Act and that it did not disclose a prima facie breach of its duty of fair representation. It submitted that the complaint should be summarily dismissed, without a hearing. The complainant argued that the crystallizing event was the Federal Court’s judgement issued on November 15, 2024. He argued that his complaint, which was made on February 9, 2025, was timely because that was 86 days after that judgment was rendered. The Board found that the complaint was made outside the 90-day time limit set out in the Act and dismissed it. It determined that there was no need for it to decide whether the complaint disclosed an arguable case of an unfair labour practice. In this case, all the incidents that gave rise to the complaint occurred before or on May 10, 2024. The deadline for making one was August 8, 2024. It was made on February 9, 2025, which was approximately 6 months past the deadline. The complainant did not provide exceptional circumstances due to which he could have neither anticipated nor controlled the cause of the delay making his complaint.

Timeliness objection granted.
Complaint dismissed.

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