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UNIONS - Duties - Representation of members

Monday, February 01, 2021 @ 9:23 AM  


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Motion by Bernard for leave to commence an application for judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board dismissing her complaint against the respondent alleging unfair representation by not letting the applicant participate in a ratification vote. The board found that as a “Rand member” of the union, akin to a non-union member, the applicant did not have a legal right to participate in ratification votes. The applicant had been found to be a vexatious litigant and thus required leave to apply for judicial review. 

HELD: Motion dismissed. The requirement of reasonable grounds for the proceeding was not met. The applicant filed no draft notice of application for judicial review or a particularized description of the grounds and evidence in support of her application for judicial review. Her proposed application for judicial review was doomed to fail. The board did nothing more than apply settled law to facts that were not contentious. The board’s decision was consistent with many of its previous decisions and the decisions of many labour boards across Canada, too. No labour board decisions to the contrary were presented and none were known to the court.

Bernard v. Professional Institute of the Public Service of Canada, [2020] F.C.J. No. 1186, Federal Court of Appeal, D.W. Stratas J.A., December 9, 2020. Digest No. TLD-February12021002