Union’s decision not to defer grievance to arbitration not violating s. 37 Canada Labour Code

Section 37 of Canada Labour Code prohibited trade union from acting in manner that was arbitrary, discriminatory or in bad faith in its representation of bargaining unit member. Canada Industrial Relations Board dismissed applicant’s application under s.37 of Code. Applicant brought application for judicial review. Application dismissed. Nothing unreasonable was seen in board’s decision. Board wrote fulsome and well-articulated reasons, applied its settled case law to assessment of respondent union’s conduct, and there was ample basis on record before it from which it could reasonably conclude that union had not violated its obligations under s.37 of Code. Materials before board provided it with solid basis from which to conclude that union had demonstrated that it fairly, honestly and without discrimination assessed merits of applicant’s grievance and concluded that it had little chance of success. Union also demonstrated that it had represented applicant in disciplinary process and grievance procedure. Union did not err in filing grievance contesting applicant’s dismissal as opposed to challenging alleged constructive dismissal because appropriate grievance in circumstances was one contesting dismissal. It was open to board to find that union’s decision not to refer grievance to arbitration and union’s treatment of applicant did not violate s.37 of Code.

Chin Quee v. TC, Local 938 (2017), 2017 CarswellNat 1822, 2017 FCA 62, D.G. Near J.A., Donald J. Rennie J.A., and Mary J.L. Gleason J.A. (F.C.A.).