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
Procedural Issues   Notice of proceedings - Duty of fair representation complaint - Relief sought included order directing association to file grievances - Interests of complainant’s employer potentially affected - Employer entitled to notice of proceedings - Interim award. See Also: Procedural Issues	23-009	11/03/2023	Anderson, Ian	Toronto
Procedural Issues   Duty of fair representation complaint - Association intending to raise objections to various allegations - Appropriate that association file preliminary response to allegations - Interim award. See Also: Procedural Issues	23-009	11/03/2023	Anderson, Ian	Toronto
Procedural Issues   Two prior interim awards issued in duty of fair representation proceeding - Instant decision addressing procedural matters raised by complainant following first interim award including in-person hearing and assertion of privilege - Third interim award. See Also: Associations, Procedural Issues	20-009	09/09/2020	Brownlee, D.	Brantford
Procedural Issues   Duty of fair representation complaint - Complaint concerned settlement reached by association and employer respecting top-up for employees in receipt of WSIB and CPP Disability benefits - 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
Procedural Issues   Production of documents - Duty of fair representation complaint - Issue in dispute whether association breached its duty of fair representation, not merits of complainant’s grievance - Relevant documents included those which shed light on what association knew and what association did with respect to complaints - Association and police service to disclose any arguably relevant information in their possession - Preliminary award. See Also: Procedural Issues, Duty of Fair Representation	14-001	12/28/2013	Starkman, D	Ottawa

Rows Returned: 5