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 |
|---|---|---|---|---|
|
Jurisdiction Appointment of arbitrator - Whether arbitrator hearing duty of fair representation complaint has jurisdiction to award costs - Police Services Act expressly stating each party to bear its own costs - Complainant a “party” - PSA expressly stating Arbitration Act, 1991 not applicable to arbitrations conducted under “this part” - Arbitration of unfair representation complaint following a s. 124 appointment is an arbitration under “this part” - No jurisdiction to award costs.
See Also: Jurisdiction, Remedies, Complaints |
11-009
|
05/31/2011 | Snow, H. | Toronto |
Rows Returned: 1