Awards and decisions will be released in the language of the hearing. However, these documents will be translated in French or English at the request of a party to the proceedings, or at the discretion of the Commission upon request from a member of the public. 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
Download PDF file 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
Download PDF file 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
Download PDF file 14-001 12/28/2013 Starkman, D Ottawa
Duty of Fair Representation   Duty of Fair Representation
See Also: Duty of Fair Representation
Download PDF file 09-10 09/27/2009 Starkman, D North Bay

Rows Returned: 4


Ontario Police Arbitration Commission