Piara (Peter) Singh Pannu v. Communications, Energy and Paperworkers Union of Canada (CEP), Local 564
1723-00-U Piara (Peter) Singh Pannu, Applicant v. Communications, Energy and Paperworkers Union of Canada (CEP), Local 564, Responding Party v. Schneider Electric, Intervenor.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; October 16, 2000
Decision
1The style of cause is hereby amended to reflect the correct name of the responding party: “Communications, Energy and Paperworkers Union of Canada (CEP), Local 564”.
2This matter is an application pursuant to section 74 of the Labour Relations Act, 1995. The applicant, Piara Singh Pannu, asserts that the Communications, Energy and Paperworkers Union of Canada (CEP), Local 564 (“CEP”) violated section 74 when it refused to process a grievance on Mr. Pannu’s behalf through all stages of the grievance procedure as established in the collective agreement.
3A trade union is not required to carry a grievance through all stages of the grievance procedure. A trade union is entitled to consider the merits of a grievance and the likelihood of its success as well as its impact on the bargaining unit as a whole and make a determination as to whether it will advance a grievance through the grievance procedure. Contrary to Mr. Pannu’s assertion in his application, he does not have the right to have his grievance go through all three steps of the grievance procedure.
4In the present case, it appears that the CEP had a reasonable basis for refusing to advance Mr. Pannu’s grievance beyond Step 1.
5This application is hereby dismissed on the basis that, even if all of the facts as stated in the application are true, they do not establish that CEP has violated section 74 of the Act.
“D. L. Gee”
for the Board