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2014 4.8 Satisfied (205 Votes)
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A duty of fair representation includes a unions responsibility to bargain for and to enforce the collective bargaining agreement, as well as process meritorious grievances filed by the employees within the bargaining unit. A breach of the duty of fair representation is a violation of law.
Procedural fairness includes the duty of fairness, which provides the member of the public with the right to notice that an adverse decision is going to be made, the right to respond to the decision-maker and the right to an unbiased decision.
Unions must represent employees fairly in relation to their rights under the collective agreement that applies to them. This means that the union cannot treat the employees it represents in a way that is arbitrary, discriminatory, or in bad ​​​​faith when advancing their complaints or grievances against their employer.
Section 74 of the Labour Relations Act, S.O. 1995 provides that A trade union or council of trade unions, so long as it continues to be entitled to represent employees in 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
The statutory freeze is a provision of Section 86 of the Ontario Labour Relations Act. It puts a freeze on changing wages, working conditions and employment conditions during bargaining. However, it does not prohibit the employer from making normal business changes.
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The Board is an independent adjudicative tribunal which plays a fundamental role in the labour relations regime within Ontario. It has a mandate to provide excellence in administrative justice through the effective resolution of a wide range of labour relations and employment disputes.
The Ontario Labour Relations Board is an independent adjudicative tribunal issuing decisions based upon the evidence presented and submissions made to it by the parties, and upon its interpretation and determination of the relevant legislation and jurisprudence.

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