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.

Query Results

Classification	Award #	Award Date	Arbitrator	Municipality
Duty of Fair Representation   Uniform members - Applicant alleged association failed to represent him fairly by failing to pursue his complaints against employer - Not established that association failed to properly investigate complaints or failed to communicate with applicant - Decision not to pursue a grievance was not unreasonable - Association did not act in an arbitrary manner in dealing with complaints - Breach of duty of fair representation not established - Complaint dismissed. See Also: Duty of Fair Representation	17-008	12/20/2017	Marcotte, W	Ottawa
Duty of Fair Representation   ARBITRATION HEARING - Conduct of hearing - Duty of fair representation complaint - Applicant brought motion for recusal - Particulars of alleged bias reviewed against judicial test for bias - Arbitrator’s decisions concerning procedural matters were made with proper regard to procedural fairness for both parties - No justification for recusal of arbitrator on the grounds of bias - Motion dismissed - Preliminary award. See Also: Associations, Duty of Fair Representation	17-001	02/22/2017	Marcotte, W	Ottawa
Duty of Fair Representation   Complainant alleging association breached its duty of fair representation in the manner it dealt with his complaints of mistreatment by service - Complainant requesting production of documents from association and from service - Issue whether association breached its duty of fair representation, not merits of complainant’s grievance - Association and police service to disclose to complainant any information arguably relevant to issue in dispute - Preliminary award. See Also: Procedural Issues, Duty of Fair Representation	14-001	12/28/2013	Starkman, D	Ottawa
Duty of Fair Representation   Duty of Fair Representation See Also: Duty of Fair Representation	09-10	09/27/2009	Starkman, D	North Bay

Rows Returned: 4