Translation Policy: This specialized publication of awards, decisions and summaries is available in English only according to Regulation 671/92 which exempts it from translation under the French Language Services Act. To obtain information in French, please contact the Ontario Police Arbitration and Adjudication Commission at OPAAC@ontario.ca or 416-314-3520.
N.B. Awards and decisions relating to hearings where the clients have participated in both English and French will be released in both languages simultaneously.
Duty of Fair Representation
Individual officers may not bring grievances against a Police Services Board. However, arbitral jurisprudence to date has allowed individual officers to bring a “duty of fair representation” (DFR) grievance against a Police Association.
| Classification | Award # | Award Date | Arbitrator | Municipality |
|---|---|---|---|---|
|
Complaints Duty of fair representation - Civilian members - Complainant alleged association breached its duty of fair representation in settling his grievance - Complainant waited at least 16 months after being advised association would not proceed with grievance - Delay significant - Association prejudiced by delay - Association’s decision not to proceed to arbitration was not arbitrary - Complaint dismissed.
See Also: Arbitrability, Associations, Complaints |
16-005
|
07/15/2016 | Anderson, Ian | Toronto |
|
Complaints Duty of fair representation - Request for costs in arbitration of duty of fair representation complaint - Complainant awarded damages and now seeking costs of the arbitration - Arbitrator has no jurisdiction under Police Services Act to award costs - Arbitration Act, 1991 excluded - Award of costs not an inherent part of Ontario labour arbitration proceedings - Request for costs denied.
See Also: Jurisdiction, Remedies, Complaints |
11-009
|
05/31/2011 | Snow, H. | Toronto |
Rows Returned: 2