FPSLREB Decisions

Decision Information

Dell’Osso v. Canadian Association of Professional Employees

Collection FPSLREB Decisions
Decision Rendered 2026-03-26
Citation 2026 FPSLREB 28
Before Brian A. Blumenthal
Decision Type Labour Relations
Subject Terms Duty of fair representation
Keywords Labour relations – Duty of fair representation – No arguable case
Original Language English
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Summary:

The complainant claimed that the respondent breached its duty of fair representation under s. 187 of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2). The Board dismissed the complaint, finding no arguable case that the respondent acted arbitrarily, discriminatorily, or in bad faith. The complainant alleged that the respondent failed to investigate and act on his concerns about specific contracting‑out and retraining provisions of the Workforce Adjustment Directive (WFAD). However, the Board held that the respondent had already filed a deliberately broad and ongoing policy grievance covering all aspects of the WFAD, including the provisions in question, and that its decision not to file a separate or more narrowly framed grievance fell within its discretion. At the core of the complainant’s complaint was the claim that the respondent had not reviewed, adopted, or prosecuted a policy grievance based on his evidence and concerns. However, given the outstanding policy grievance, the Board concluded that that could not amount to an arguable case of a breach of the duty of fair representation.

Objection allowed.
Complaint dismissed.

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