Unionized Employees

Employment Lawyers Daniel Lublin and David Whitten working in office along with logos of Lexpert Ranked Lawyer and HR Readers Choice Award 2019 to 2016

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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