Jean-Pierre v. Arcand

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2012 PSLRB 23
Before: Stephan J. Bertrand
Decision Rendered: February 24, 2012
Original Language: French
The application for leave to appeal before the Supreme Court of Canada has been dismissed (SCC file: 35102; FCA file: A-91-12).

Unfair labour practice complaint – Representation of members – Whether withdrawal of bargaining agent support was arbitrary, discriminatory or in bad faith – Absence of negligence – Right to representation not absolute

The complainant alleged that the respondents, a regional representative of his bargaining agent, the Public Service Alliance of Canada, failed in his duty of fair representation by withdrawing the bargaining agent’s support of the complainant’s grievance contesting the employer’s failure to consider his candidacy for an acting appointment – the complainant was on assignment in Mexico when he was verbally advised of the posting of a notice of interest – candidates interested in acting appointments were asked to submit their resumes by the following day – the complainant sent an email expressing interest and advising that he would submit the documentation on his return, which he did – he was advised that his candidacy would not be considered as his application was received past the deadline, and he filed a grievance – the bargaining agent filed his grievance but advised him that it was doing so only for the purpose of negotiating a settlement – at the second level of the grievance procedure, the bargaining agent informed him that it was withdrawing its support of his grievance, and he filed this complaint – the Board held that the right to representation is not absolute – bargaining agents have great latitude in their decisions about representation, and many reasons can found a decision to not represent a member – the complainant failed to prove that the respondent had acted in a manner that was discriminatory, arbitrary or in bad faith, contrary to section 187 of the Public Service Labour Relations Act – he failed to provide any evidence to substantiate his allegations of personal hostility or collusion with the employer on the part of the respondent – neither had he been negligent.

Complaint dismissed.