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
Associations   Duty of fair representation - Uniform members - Complaint alleging association violated its duty of fair representation by failing to file a grievance on behalf of complainant - Matter complained about related to conduct of police services board member - Subject matter of complaint outside collective agreement and did not fall within association’s See Also: Associations, ARBITRABILITY - Collective agreement limitations	24-010	07/12/2024	Snow, H.	Thunder Bay
Associations   Duty of fair representation - Applicant refused to sign negotiated last chance agreement - Association did not grieve applicant’s subsequent termination and withdrew grievance concerning denial of sick benefits - Association not breaching duty of fair representation - Application dismissed. See Also: Associations	24-008	06/24/2024	Starkman, D	Toronto
Associations   Duty of fair representation - Second interim award in duty of fair representation proceeding granted complainant’s request for adjournment - Complainant now requesting resumption of hearing - Instant decision addressing procedural matters raised by complainant since first interim award was issued - Third interim award. See Also: Associations, Procedural Issues	20-009	09/09/2020	Brownlee, D.	Brantford
Associations   Duty of fair representation - First interim award addressed a number of procedural issues in duty of fair representation complaint - Complainant requesting adjournment following release of interim award - Hearing adjourned sine die - Second interim award. See Also: Associations, PROCEDURAL ISSUES - Adjournment	20-004	05/05/2020	Brownlee, D.	Brantford
Associations   Duty of fair representation - Association entering into settlement with employer concerning top-up for employees in receipt of WSIB and CPP Disability benefits - Complainant an employee affected by settlement - Complainant alleged association breached its duty of fair representation in resolving dispute with employer - Complainant and association requesting procedural orders in advance of hearing on the merits - Orders issued accordingly - Interim award. See Also: Associations, Procedural Issues	20-003	04/13/2020	Brownlee, D.	Brantford
Associations   Duty of fair representation - Refusal to provide grievor with legal representation during investigation under Police Services Act - Association did not have exclusive power to represent employees in relation to charges under PSA - Grievance dismissed. See Also: Associations	20-001	04/06/2020	Bendel, Michael	Orangeville
Associations   Duty of fair representation - Compensation due while in receipt of benefits from Workplace Safety and Insurance Board - Grievor alleged association failed to represent him fairly in its handling of his dispute with employer regarding compensation due while he received WSIB benefits - Grievor’s accusations against association president were unsubstantiated - Association went well beyond what was required of it in representing grievor - Grievance dismissed. See Also: Associations	19-004	07/08/2019	Bendel, Michael	Brantford
Associations   Duty of fair representation - Duty of fair representation complaint - Applicant brought motion for recusal - Arbitrator has discretionary authority to determine procedures for hearing - Procedural rulings by arbitrator were made with proper regard for procedural fairness to both parties - No basis for arbitrator to recuse himself on the grounds of bias - Motion dismissed - Preliminary award. See Also: Associations, Duty of Fair Representation	17-001	02/22/2017	Marcotte, W	Ottawa
Associations   Duty of fair representation - Civilian members - Complainant alleged association failed to represent him adequately in discussions leading to settlement of his grievance - Complainant delayed in bringing complaint and attacked settlement only after taking full advantage of its terms - Complaint dismissed. See Also: Arbitrability, Associations, Complaints	16-005	07/15/2016	Anderson, Ian	Toronto
Associations   Duty of fair representation - Uniform members - Complainant alleged association violated duty of fair representation - Complainant advanced a number of complaints - Primary complaint that he was improperly transferred from Intelligence Unit - Association understood complaint, communicated with complainant and negotiated a settlement on his behalf - No evidence that association treated complainant unfairly or in an arbitrary, discriminatory or bad faith manner - Association was entitled to decline to take complainant’s grievance to arbitration - Breach of duty of fair representation not established - Complaint dismissed. See Also: Associations	15-007	11/05/2015	Starkman, D	Ottawa
Associations   Duty of fair representation - Uniform members - Complaint alleging association breached its duty of fair representation by failing to pursue promotion grievance - Complainant alleged constable who was facing disciplinary charges should have been removed from eligibility list - Association reached agreement with service to maintain constable on list pending disposition of disciplinary charges - Complainant not demonstrating that in declining to pursue his grievance association acted in arbitrary, discriminatory or bad faith manner - No breach of duty of fair representation - Complaint dismissed. See Also: Associations	14-007	06/02/2014	Mackenzie, Ian	Windsor
Associations   Duty of fair representation - Uniform members - Complaint alleging association breached its duty of fair representation by failing to pursue promotion grievance - Burden of proving breach of duty lies with complainant - Elements of duty - Association had legitimate concerns about impact of complainant’s grievance on rights of another member who was on suspension - Association not required to obtain a legal opinion but rather to undertake a “thorough study” of the grievance - Association considered grievance seriously and undertook thorough examination of merits and implications - Decision not to pursue grievance not arbitrary, discriminatory or made in bad faith - Complaint dismissed. See Also: Associations	14-007	06/02/2014	Mackenzie, Ian	Windsor

Rows Returned: 12