The Duty of Fair Representation

CHAPTER 5 Policies and regulations governing a steward’s role

The Duty of Fair Representation

All members have the legal right to fair treatment from the union and its representatives. “Fair representation” means that as a steward you should represent all union members fairly and honestly. Keep in mind that issues that seem unimportant to you may be extremely important to someone of another culture, race, sexual orientation, gender, or ability. The Duty of Fair Representation (DFR) does not mean that unions must take every grievance through to arbitration. It means you must judge a grievance on its merits, not on your opinion of the grievor.

Investigate every complaint thoroughly. Keep accurate records of the complaint, grievance investigations, and meetings with management. Make sure that all your notes and all related documentation are forwarded to your LRO if a grievance is filed. Make sure to:

• Maintain the timelines set out in your CBA for filing and advancing grievances. • Keep the member informed.

If the union proceeds with a grievance, update the grievor about the steps that the union is taking to handle the case. Involve them in collecting information and depending on the situation perhaps ask them to be with you when you talk to other workers who may have relevant information regarding the case.

When you are unsure of something, always contact your chief steward or LRO.

3 MAIN STANDARDS USED

BY THE LABOUR BOARD TO DECIDE IF THE DFR HAS BEEN VIOLATED: Is it arbitrary?

A steward’s actions are arbitrary if they: • Do not consider the merits of the grievance or complaint • Do not conduct a meaningful investigation • Ignore relevant information or consider irrelevant factors

Is it discriminatory?

• Discrimination occurs when a steward or the union treats a member differently than others, without valid reasons for doing so. • Treating one worker differently from another because of race, age, national origin, religion, sex, sexual orientation, or union membership is discrimination.

Is it in “bad faith?”

“Bad faith” may be proven if the steward: • Acts based on hostility or ill-will or deals dishonestly with a member • Conceals information or lies to a member • Acts based on a grudge or a personal dislike or to get revenge.