Unionized Employees

The Labour Relations Act of Fair Representation
The Labour Relations Act of Fair Representation
If you are a unionized employee, you are represented by a trade union and are generally unable to sue your employer in court.
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How are unionized employees protected?

As a unionized employee, you must follow the guidelines set out in the Collective Agreement, which is a written agreement addressing the employment relationship between the employer, union, and employees.

According to the Ontario Labour Relations Act , your union has a legal duty to fairly represent you. Your union must ensure that the interests of all unionized employees are served in a manner that is not arbitrary, discriminatory or in bad faith.

What options do unionized employees have?

If your union has failed to properly investigate, process, or arbitrate a grievance, as a unionized employee you may file a Duty of Fair Representation complaint with the Ontario Labour Relations Board or the Canadian Industrial Labour Relations Board for federally regulated employees, which have the authority to order a variety of remedies. It is advised to meet with a labour lawyer to ensure your rights have been protected.
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How can Whitten & Lublin help you?

If you are a unionized employee and believe that your right to fair representation has been violated, you should meet with a labour lawyer who can review your case against the union and assist you in the preparation and filing of your complaint. The employment and labour lawyers at Whitten & Lublin have the experience to help you regain control of your employment.

Your employment
is our specialty

In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact us to learn how we can help you understand and resolve your workplace legal matter.

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