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Duty of fair representation complaint dismissed due to 13-month delay in challenging grievance settlement.
The complainants, employees in the construction industry, filed a complaint alleging their union breached its duty of fair representation by settling a policy grievance for multiple collective agreement violations.
The settlement was ratified by a majority of employees, but the complainants objected and subsequently pursued an unsuccessful civil action against the employer.
Thirteen months after the settlement, they filed this complaint seeking to overturn it and pursue claims dating back several years.
The Board exercised its discretion under section 89 of the Labour Relations Act to decline to inquire into the complaint, citing the significant delay, the prejudice to the established collective bargaining relationship, and the policy importance of expeditious dispute resolution in the construction industry.
