Unionized employees can have advantages of being represented by an association. They are also confronted with some disadvantages that can leave a bitter taste and feel like they are being neglected. While, the union has the obligation to follow certain procedures to protect their employee’s best interest, they also have the responsibility to make their decision in a manner that is fair and diligent. What happens when the union is unable to pursue the grievance and the employer are unable to act on the employee’s behalf? What other recourse is available to the employee?
Toronto employment lawyer, Daniel Lublin addresses this topic by stating that all unions have a fair duty of representation towards their members. In addition, employees bear the responsibility to follow grievance procedures as indicated in their collective agreement. If a union is unable to pursue the grievance, the employee cannot sue the employer or the union in court. However, you can file an administrative complaint against the union.
For more information on this topic, read Daniel Lublin’s Globe and Mail column and full article I’m unionized, can I sue my employer or union?