LAW 529 Lecture Notes - Lecture 11: Bargaining Unit, Arbitrariness, Picketing

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Peter Wilson

Document Summary

In keeping with the exclusive rights granted to unions to represent the members of the bargaining unit, they have a duty of fair representation. The union is required to represent the interests of all members of the bargaining unit, whether or not they are union members. This rule applies to the administration of the collective agreement and the bargaining process. The duty of fair representation is particularly important in the decision of the union whether or not to pursue a grievance. If the union decides not to, the employee"s only recourse is a complaint to the labour relations board that the union has breached its duty of fair representation: ref. Canadian merchant service guild v. gagnon et al. , p. 674: ref. Employees in a bargaining unit can file an application to terminate bargaining rights only during the prescribed time periods.