Awards and decisions will be released in the language of the hearing. However, these documents will be translated in French or English at the request of a party to the proceedings, or at the discretion of the Commission upon request from a member of the public. Awards and decisions relating to hearings where the clients have participated in both English and French will be released in both languages simultaneously.

Duty of Fair Representation

Individual officers may not bring grievances against a Police Services Board. However, arbitral jurisprudence to date has allowed individual officers to bring a “duty of fair representation” (DFR) grievance against a Police Association.

Query Results
Classification Award # Award Date Arbitrator Municipality
Associations   Duty of fair representation - Compensation due while in receipt of benefits from Workplace Safety and Insurance Board - Grievor alleged association failed to represent him fairly in its handling of his dispute with employer regarding compensation due while he received WSIB benefits - Grievor’s accusations against association president were unsubstantiated - Association went well beyond what was required of it in representing grievor - Grievance dismissed.
See Also: Associations
Download PDF file 19-004 07/08/2019 Bendel, Michael Brantford
Duty of Fair Representation   Uniform members - Applicant alleged association failed to represent him fairly by failing to pursue his complaints against employer - Not established that association failed to properly investigate complaints or failed to communicate with applicant - Decision not to pursue a grievance was not unreasonable - Association did not act in an arbitrary manner in dealing with complaints - Breach of duty of fair representation not established - Complaint dismissed.
See Also: Duty of Fair Representation
Download PDF file 17-008 12/20/2017 Marcotte, W Ottawa
Duty of Fair Representation   ARBITRATION HEARING - Conduct of hearing - Duty of fair representation complaint - Applicant brought motion for recusal - Particulars of alleged bias reviewed against judicial test for bias - Arbitrator’s decisions concerning procedural matters were made with proper regard to procedural fairness for both parties - No justification for recusal of arbitrator on the grounds of bias - Motion dismissed - Preliminary award.
See Also: Associations, Duty of Fair Representation
Download PDF file 17-001 02/22/2017 Marcotte, W Ottawa
Associations   Duty of fair representation - Duty of fair representation complaint - Applicant brought motion for recusal - Arbitrator has discretionary authority to determine procedures for hearing - Procedural rulings by arbitrator were made with proper regard for procedural fairness to both parties - No basis for arbitrator to recuse himself on the grounds of bias - Motion dismissed - Preliminary award.
See Also: Associations, Duty of Fair Representation
Download PDF file 17-001 02/22/2017 Marcotte, W Ottawa
Associations   Duty of fair representation - Civilian members - Complainant alleged association failed to represent him adequately in discussions leading to settlement of his grievance - Complainant delayed in bringing complaint and attacked settlement only after taking full advantage of its terms - Complaint dismissed.
See Also: Arbitrability, Associations, Complaints
Download PDF file 16-005 07/15/2016 Anderson, Ian Toronto
Complaints   Duty of fair representation - Civilian members - Complainant alleged association breached its duty of fair representation in settling his grievance - Complainant waited at least 16 months after being advised association would not proceed with grievance - Delay significant - Association prejudiced by delay - Association’s decision not to proceed to arbitration was not arbitrary - Complaint dismissed.
See Also: Arbitrability, Associations, Complaints
Download PDF file 16-005 07/15/2016 Anderson, Ian Toronto
Arbitrability   Timeliness - Civilian members - Complainant alleged association breached its duty of fair representation - Complainant delayed at least 16 months in bringing complaint - Delay significant and prejudicial to association - Complaint filed only after complainant took full advantage of settlement negotiated by association on his behalf - Complaint dismissed.
See Also: Arbitrability, Associations, Complaints
Download PDF file 16-005 07/15/2016 Anderson, Ian Toronto
Associations   Duty of fair representation - Uniform members - Complainant alleged association violated duty of fair representation - Complainant advanced a number of complaints - Primary complaint that he was improperly transferred from Intelligence Unit - Association understood complaint, communicated with complainant and negotiated a settlement on his behalf - No evidence that association treated complainant unfairly or in an arbitrary, discriminatory or bad faith manner - Association was entitled to decline to take complainant’s grievance to arbitration - Breach of duty of fair representation not established - Complaint dismissed.
See Also: Associations
Download PDF file 15-007 11/05/2015 Starkman, D Ottawa
Associations   Duty of fair representation - Uniform members - Complaint alleging association breached its duty of fair representation by failing to pursue promotion grievance - Complainant alleged constable who was facing disciplinary charges should have been removed from eligibility list - Association reached agreement with service to maintain constable on list pending disposition of disciplinary charges - Complainant not demonstrating that in declining to pursue his grievance association acted in arbitrary, discriminatory or bad faith manner - No breach of duty of fair representation - Complaint dismissed.
See Also: Associations
Download PDF file 14-007 06/02/2014 Mackenzie, Ian Windsor
Associations   Duty of fair representation - Uniform members - Complaint alleging association breached its duty of fair representation by failing to pursue promotion grievance - Burden of proving breach of duty lies with complainant - Elements of duty - Association had legitimate concerns about impact of complainant’s grievance on rights of another member who was on suspension - Association not required to obtain a legal opinion but rather to undertake a “thorough study” of the grievance - Association considered grievance seriously and undertook thorough examination of merits and implications - Decision not to pursue grievance not arbitrary, discriminatory or made in bad faith - Complaint dismissed.
See Also: Associations
Download PDF file 14-007 06/02/2014 Mackenzie, Ian Windsor
Duty of Fair Representation   Complainant alleging association breached its duty of fair representation in the manner it dealt with his complaints of mistreatment by service - Complainant requesting production of documents from association and from service - Issue whether association breached its duty of fair representation, not merits of complainant’s grievance - Association and police service to disclose to complainant any information arguably relevant to issue in dispute - Preliminary award.
See Also: Procedural Issues, Duty of Fair Representation
Download PDF file 14-001 12/28/2013 Starkman, D Ottawa
Procedural Issues   Production of documents - Duty of fair representation complaint - Issue in dispute whether association breached its duty of fair representation, not merits of complainant’s grievance - Relevant documents included those which shed light on what association knew and what association did with respect to complaints - Association and police service to disclose any arguably relevant information in their possession - Preliminary award.
See Also: Procedural Issues, Duty of Fair Representation
Download PDF file 14-001 12/28/2013 Starkman, D Ottawa
Remedies   Costs - Request for costs following award of damages - Arbitrator upheld complaint of unfair representation and awarded complainant damages - Complainant seeking his costs of the arbitration proceeding - No jurisdiction under Police Services Act to award costs - Arbitration of unfair representation complaint is an arbitration conducted under Part VIII of PSA - Arbitration Act, 1991 not applicable - Request for costs denied.
See Also: Jurisdiction, Remedies, Complaints
Download PDF file 11-009 05/31/2011 Snow, H. Toronto
Jurisdiction   Appointment of arbitrator - Whether arbitrator hearing duty of fair representation complaint has jurisdiction to award costs - Police Services Act expressly stating each party to bear its own costs - Complainant a “party” - PSA expressly stating Arbitration Act, 1991 not applicable to arbitrations conducted under “this part” - Arbitration of unfair representation complaint following a s. 124 appointment is an arbitration under “this part” - No jurisdiction to award costs.
See Also: Jurisdiction, Remedies, Complaints
Download PDF file 11-009 05/31/2011 Snow, H. Toronto
Complaints   Duty of fair representation - Request for costs in arbitration of duty of fair representation complaint - Complainant awarded damages and now seeking costs of the arbitration - Arbitrator has no jurisdiction under Police Services Act to award costs - Arbitration Act, 1991 excluded - Award of costs not an inherent part of Ontario labour arbitration proceedings - Request for costs denied.
See Also: Jurisdiction, Remedies, Complaints
Download PDF file 11-009 05/31/2011 Snow, H. Toronto
Duty of Fair Representation   Duty of Fair Representation
See Also: Duty of Fair Representation
Download PDF file 09-10 09/27/2009 Starkman, D North Bay

Rows Returned: 16