If you are a union member, you grant your union the exclusive right to represent you: when it negotiates your working conditions with your employer, it does so on your behalf and represents you before management. However, when you grant your union the exclusive right to represent you, the union must, in return, fulfill its duty of fair representation.
Some problematic events at work can create situations where your union fails in its duty to fairly represent you. In such cases, you may be able to pursue legal action.
The union’s duty of fair representation in Quebec
The union’s duty of fair representation prohibits four types of behaviour:
- Acting in bad faith: your union must not act in a deliberately malicious manner toward employees.
- Arbitrary: if your union makes a decision without sufficient explanation or reasoning.
- Discrimination: if your union treats a type of member differently or unfairly.
- Serious negligence: if your union has failed to act or has committed a serious or inexcusable error.
This union duty applies to all employees in the bargaining unit. It applies to the negotiation of collective agreements and to all stages of a case during and after arbitration. Thus, your union must attempt to represent you to the best of its ability. The union must study all cases seriously and must consider the unique situation of its employees during negotiations.
However, it should not be concluded that this duty necessarily forces the union to satisfy all of the demands of its members. In fact, unions have the discretion to not agree to every demand made by their members. The union must balance the varied and sometimes conflicting interests of its members and must consider the interests of all its members. The union is responsible for properly managing the resources entrusted to it by its members. This includes making the compromises necessary to reach an agreement with an employer or to enforce the collective agreement.
The law generally favours unions that act in good faith. According to the Société québécoise d’information juridique (SOQUIJ), the majority of complaints filed against unions are dismissed. The law does grant unions considerable latitude, but the four prohibited behaviours described above still apply. A union that acts in bad faith, arbitrarily or discriminatorily, or that is grossly negligent, is still at fault.
How do you file a complaint against your union?
If you believe that your union is acting in bad faith, arbitrarily, discriminatorily, or has been grossly negligent toward you, you may want to file a complaint.
First, when you file a grievance against your union, it typically initiates an investigation, which will be more or less rigorous depending on the cause of the grievance. This investigation must be serious, diligent, and well documented. The SPGQ indicates that unions must gather the employee’s version of events, that of any witnesses, and that of the employer, then obtain as much information as possible based on the facts of what happened.
Then, if you believe that your union has failed in its duty of representing you, you can appeal to the Labor Relations Board. This is where we can help.
If you would like advice on how to file a complaint and assert your rights, contact us and work with a lawyer who specializes in labour law.
NOTE: This article does not constitute legal advice. It is provided for informational purposes only to help readers better understand certain aspects of union representation in Quebec. As each situation is unique, we recommend that you consult a lawyer or legal professional for a personalized assessment of your case.