Unionized employees are represented by a trade union and are generally unable to sue their employers in court. Instead, unionized employees 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, unions have a legal duty to fairly represent their employees. Unions must ensure that the interests of all employees are served in a manner that is not arbitrary, discriminatory or in bad faith.
Union and Filing a Grievance
If the union has failed to properly investigate, process, or arbitrate a grievance, an employee may file a Duty of Fair Representation complaint with the Labour Relations Board where a Board Tribunal has the authority to order a number of remedies.
If you are a unionized employee and believe that your right to fair representation has been violated, you should meet with a Labour Law lawyer who can review your case against the union and assist you in the preparation and filing of your complaint.
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