Devoir de représentation équitable

Les arbitres ont statué qu’un agent ne peut pas déposer individuellement un grief contre une commission de services policiers. Par contre, la jurisprudence arbitrale à ce jour a permis à des agents de déposer individuellement un grief pour « devoir de représentation équitable » contre une association de policiers.

Les résultats
Classification # de sentence arbirale Date de la sentence arbitrale Arbitre Municipalité
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.
Voir aussi: Associations, Duty of Fair Representation
Télécharger le fichier PDF 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.
Voir aussi: Associations, Duty of Fair Representation
Télécharger le fichier PDF 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.
Voir aussi: Arbitrability, Associations, Complaints
Télécharger le fichier PDF 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.
Voir aussi: Arbitrability, Associations, Complaints
Télécharger le fichier PDF 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.
Voir aussi: Arbitrability, Associations, Complaints
Télécharger le fichier PDF 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.
Voir aussi: Associations
Télécharger le fichier PDF 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.
Voir aussi: Associations
Télécharger le fichier PDF 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.
Voir aussi: Associations
Télécharger le fichier PDF 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.
Voir aussi: Procedural Issues, Duty of Fair Representation
Télécharger le fichier PDF 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.
Voir aussi: Procedural Issues, Duty of Fair Representation
Télécharger le fichier PDF 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.
Voir aussi: Jurisdiction, Remedies, Complaints
Télécharger le fichier PDF 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.
Voir aussi: Jurisdiction, Remedies, Complaints
Télécharger le fichier PDF 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.
Voir aussi: Jurisdiction, Remedies, Complaints
Télécharger le fichier PDF 11-009 05/31/2011 Snow, H. Toronto
Duty of Fair Representation   Duty of Fair Representation
Voir aussi: Duty of Fair Representation
Télécharger le fichier PDF 09-10 09/27/2009 Starkman, D North Bay

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