Public Service Alliance of Canada BC

Another in an ongoing series of handouts, news and information that will be of interest to PSAC stewards …

The Duty of Fair Representation – What the law says

The Canada Labour Code, Part 1, the Public Service Labour Relations Act (PSLRA), and most provincial and territorial labour laws address a union’s duty of fair representation (DFR). The language varies from statute to statute, but essentially, the duty of fair representation requires a union to treat bargaining unit members fairly and honestly, in a manner that is not arbitrary, discriminatory or in bad faith. Part 1 of the Canada Labour Code (Sec. 37) and Sec. 187 of the PSLRA describe it as follows:

Duty of fair representation

37. A trade union or representative of a trade union that is the bargaining agent for a bargaining unit shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit with respect to their rights under the collective agreement that is applicable to them.

Unfair representation by bargaining agent

187. No employee organization that is certified as the bargaining agent for a bargaining unit, and none of its officers and representatives, shall act in a manner that is arbitrary or discriminatory or that is in bad faith in the representation of any employee in the bargaining unit.

Read more, including some legal principles, origins of the DFR, and some tips for local officers and stewards in the “Duty of Fair Representation – What the law says” handout (pdf), prepared by the PSAC education section.