Collective Agreements / Grievances
My employee's union has decided to drop or refuses to pursue their grievance against my company. Can my employee pursue the grievance themself?
No. Your employee’s union has exclusive rights to bargain and enforce collective agreement rights on their behalf.
Can an employee force their union to pursue their grievance?
Unless there are provisions in the collective agreement that give your employee the right to appeal a decision to drop their grievance, or they have grounds for an ‘unfair representation’ complaint to the Labour Relations Board, then the union’s decision is final and binding upon the employee. If they convince the Labour Relations Board that they have not been fairly represented, the Board will make one or more orders to the union, but the Board cannot resolve or deal directly with an employer to resolve an employee’s grievance.
