Award Number 26-020

Thunder Bay Police Association
- and -
Thunder Bay Police Services Board

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Award Date: 2026-05-20
Arbitrator: Marcotte, W
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Municipality: Thunder Bay
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Region: North West
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Classifications: Associations
Grievor: Cst. M. Nordal
Appearances: K. Rowen and C. Woods, for the Association
J. Mauro, for the Complainant and N. Nordal, for the Employer
Length of Award:4 pp
Collective Agreements Cit.
Statutory Cit.

Summary

Associations   Duty of fair representation - Complainant alleged association failed in its duty to represent him - Complainant declined association’s offer to file grievance on his behalf - Interim award ruled complainant could lead evidence about reasons why he declined offer - Complainant declining to testify or lead any evidence in support of his claim - Complaint dismissed.

Facts

On January 21, 2022 Cst. Nordal filed a complaint alleging that the association failed in its duty to provide him with adequate, and at times any, representation. On February 14, 2022 the president of the association wrote to the grievor, offering to file a grievance on his behalf. The draft grievance alleged failure to provide Cst. Nordal with a harassment, discrimination-free work environment. The complainant replied to the association president on February 21, 2022, stating “At this time, I am not going to proceed with any grievances connected to these matters.” The complainant’s position was that he asked the association on multiple occasions to file a grievance on his behalf and he had good reason for the association not to file a grievance at the time he declined the offer. In an interim award dated January 17, 2025 [OPAAC #25-002], the arbitrator ruled that the complainant could lead evidence of any requests to file a grievance after, but not before, February 21, 2022.

Award #

As of May 12, 2026 the complainant was in a position to present his case on the merits. His representative indicated that he would not testify on his own behalf and would not be presenting any evidence. In the absence of any evidence to support his claim, the complaint was dismissed.


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