Can the Labour Relations Board require the union to take my grievance to arbitration?
Yes, but only if the Board is satisfied that the union has violated its duty of fair representation under Section 74 of the Act. Q: What does the term “arbitrary” mean in the context of Section 74? A: A union acts arbitrarily when handling a grievance if its conduct is superficial, capricious, indifferent, or in reckless disregard of an employee’s interests. For example, if a union met with the employer and received a different version of the grievance than the grievor’s and then dropped the grievance, without having given the grievor an opportunity to answer the employer’s version, it might be found to have acted arbitrarily. Q: What factors can the union consider when handling a grievance? A: A union can consider any legitimate factors other than the grievor’s interests. One factor can be the union’s promise to the employer that it would not advance a particular interpretation of the contract. Another factor may be the possibility of a negative effect of a victory on the other employ
