The duty of fair representation does not normally apply to internal union matters, … Submit your complaint through whatever method of delivery your LRB allows, preferably something that gives you an acknowledgement that your complaint has been received. The bill will also add new duty of fair representation ("DFR") language that requires the firefighters’ association to represent them in a manner that is not arbitrary, discriminatory or in bad faith. How are the union and employer notified of the complaint? Duty of Fair Representation. If so, what criteria does the LRB use when determining which complaints will be dismissed without a hearing and which ones will go ahead? Unless the context in which they are used clearly requires otherwise, words used in this Agreement denoting gender shall be construed to refer to both male and female employees. Legal Department . Section 1.3 Gender. We disagree. As such, the employee organization has exclusive authority to bargain collectively on behalf of the employees in … Philadelphia and IAFF Local 22 Prevail in Suit by Terminated Firefighter. Typically, the labour relations statute under which … Don't skimp on words and details thinking that you'll get to provide more information or a fuller account later on - there might not be a later on. However, it is important to note that within the legal parameters of section 187, the bargaining agent has discretion to determine the scope of representation. Start by looking for cases from your own province. Unless you're able to get a lawyer who knows what he or she is doing, you'll be paying money for service that isn't going to do much more for you than you can do for yourself. Sign and date your statement and any forms that must be filed. The City agrees to deduct from the salary of each member of the unit, who This is really important because wherever you live, your LRB will be looking for reasons to dismiss your complaint as soon as it reaches the mailroom. In the opening paragraph, state your name, where you work (or worked), your job and how long you worked there. It can also refer to incidences of serious negligence. Number the paragraphs and pages - this will make it much easier for you later when you have to refer people to certain statements that you've made. http://www.canlii.org/en/ca/scc/doc/1984/1984canlii18/1984canlii18.html. Discuss these definitions with your own LRB to determine if there are any differences or nuances that you should be aware of though. It can be delivered by hand or courier, or be sent by mail, electronic mail, fax transmission or other electronic means. You can write in the first person (this is where you refere to yourself as "I" or "me") or the third person (where you refer to yourself as "the applicant" or "the complainant") - whatever you are more comfortable with. Duty of Fair Representation Section 12 of the Labour Relations Code prohibits unions from acting in a manner that is arbitrary, discriminatory or in bad faith when representing their members. As a starting point, get as much information as you can about what is required of you from your LRB. Duty of Fair Representation (Complaints about a union) When a union is certified, or is voluntarily recognized by the employer, it becomes the exclusive bargaining agent for all employees in a bargaining unit. Your remedy will be "An order directing my union to file a grievance on my behalf..." Or "an order that the union advance my grievance to arbitration". If the LRB officials who review your complaint when it is first received don't think you've made out a convincing case that your union acted in a manner that is arbitrary, discriminatory or in bad faith, they'll dump your complaint without holding a hearing. You asked why and he simply told you that it's a bullshit issue, you'll never win it and it will just sour relations with the employer. If you feel inclined to ask for compensation, make it a reasonable amount and state what it is for. So - if things don't go your way, don't be laying the blame on our doorstep. IAFF Legal Counsel Woodley & McGillivary LLP 1101 Vermont Ave, NW, Suite 1000 Washington, DC 20005 (202) 833-8855. You've got a tough road ahead, however, that doesn't mean that you should not file your complaint or that you … Duty of Fair Representation Local 718 agrees to represent fairly all employees covered by this Agreement whether or not they are members of Local 718 and regardless of race, religion, color, creed or national origin. Provide as much detail as you can (describe who, what, when and where). The Federal Public Sector Labour Relations and Employment Board (the FPSLREB) certifies employee organizations as bargaining agents for given bargaining units. Of course, having a legal representative who is knowledgeable about the LRB's procedures, writing the necessary documents and arguing before the Board is a plus. This is a step in the DFR complaint process where you actually have a lot of control - what to say in support of your complaint is entirely up to you. Don't leave anything out unless your LRB has told you that you don't have to supply details and will be able to do that later on. This section also provides for the processing of grievances by Here's. For example: Let's say that you told your union that you wanted to file a grievance about something your employer is doing that you believe violates your collective agreement. Some DFR complainants have done remarkable job of representing themselves. This prohibition also applies when the union is representing non-members who are part of the bargaining unit. None of this is essential but you might as well let the LRB guys know that you are a real live human being. Part 3 in our series will give you some pointers about two very important aspects of the complaint process - writing your complaint submission (the document that you will send to your provincial LRB setting out the details of your complaint) and the LRB mediation meeting where an employee of the LRB (for purposes of this toolkit piece, we're going call these people "LRB guys") will attempt to settle your complaint before it goes to a formal hearing. If you live far away from their offices, ask if they can mail or fax you copies (there is probably going to be a fee for this) or you may want to find out if copies of LRB decisions are available at your local reference library. Duty of Fair Representation The Federal Public Sector Labour Relations and Employment Board (the FPSLREB) certifies employee organizations as bargaining agents for given bargaining units. In your DFR complaint you're going to have to do more than just explain what the union did or didn't do. Duty of fair presentation and waiver. What's important is that you make yourself understood. For this reason, what you say in your complaint is really important. Thus, in some cases, an employee will not be able to proceed with what he or she considers a legitimate grievance. The reality is though, that you may not be able to find anyone worth the money, so if you have to go it alone, do it. There is no sure fire way of writing a DFR complaint that will assure you that your LRB won't read it and toss it. There is usually a time limit for this and you will receive copies of what they file with the LRB. This duty requires that the union act fairly, impartially, and without ill will or discrimination when pursuing a worker’s grievance or when negotiating a new contract with the employer. A union owes a duty of fair representation to all of the workers it represents. Coyle does not allege that he filed a grievance regarding the pay discrepancy and that Local 4420 breached its duty with respect to the processing of that grievance.” Coyle v. Pasco County Firefighters, 44 FPER ¶ 151 (Fla. PERC Gen. Coun. Stick to the facts. Early Termination of Collective Agreement. For information regarding when a document is considered to be received, please refer to section 9 of the Federal Public Sector Labour Relations Regulations.