FPSLREB Decisions
Decision Information
The complainant made a complaint under s. 190(1)(g) of the FPSLRA, alleging that the respondent neglected its duty to her by failing to diligently and effectively carry through with two grievances that she had filed about accommodation for a medical condition and family status discrimination. The bargaining agent argued that the complaint was premature, as the grievances remained live. In the alternative, it asked the Board to dismiss the complaint without a hearing on the basis that the facts did not support a duty-of-fair-representation (DFR) complaint. The Board dismissed the complaint, finding that the complainant clearly did not make out facts that would support a DFR complaint. Her perception that her grievances could or should have moved along more quickly or in a different way was not, by itself, evidence of conduct that was arbitrary, discriminatory, in bad faith, or negligent. The Board also admonished both parties for failing to advise it that the grievances had, in fact, been settled in July 2025. How the grievances were handled was the basis of the complaint, and the fact that they were settled was material information that would clearly have been relevant to the Board’s assessment of it. Failing to divulge this information until January 2026, well after the hearing dates had been set and only in response to the Board’s questions, was a waste of the Board’s and parties’ time and resources.
Complaint dismissed.