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
Arbitrability   Timeliness - Civilian members - Complainant alleged association breached its duty of fair representation - Complainant delayed at least 16 months in bringing complaint - Delay significant and prejudicial to association - Complaint filed only after complainant took full advantage of settlement negotiated by association on his behalf - Complaint dismissed.
See Also: Arbitrability, Associations, Complaints
Download PDF file 16-005 07/15/2016 Anderson, Ian Toronto

Rows Returned: 1