Workshop on Duty of Fair Representation
Post-Conference Workshop

Presented by Lancaster House and the University of Toronto, Centre for Industrial Relations and Human Resources

Wednesday, October 20, 2010
Half-Day Interactive Session
1:00 p.m. – 4:30 p.m.

Lunch and Registration Open at 12:00 p.m.

The Sutton Place Hotel Toronto
955 Bay Street, Toronto, ON, M5S 2A2

There have been significant recent developments in terms of boards’ procedure and jurisprudence in relation to the duty of fair representation. In this half-day interactive workshop, leading board members and counsel from across Canada will work through challenging scenarios and provide you with practical tips in relation to the adjudication of duty of fair representation complaints. Topics to be discussed will include:

• Duty to Request and Provide Information: What level of communication is a union required to maintain with a member in respect of the progress of his or her grievance? What duty does a union have to consult with the grievor about the circumstances of his or her grievance?
• Pre-Hearing Processes: What measures across Canada should be instituted to help improve the efficiency of the DFR hearing process? Where processes exist for the pre-vetting of DFR complaints, or pre-hearing settlement meetings, has the efficiency of the process improved?
• Mistakes: When does a mistake made by a union constitute a breach of the duty of fair representation? Is “simple negligence” enough? What should the standard be? When entering into a settlement agreement with an employer, what level of due diligence is required to ensure that the deal is a good one, and how does the answer to this question depend on the matter at issue in the settlement agreement?
• Damages: Should courts award damages to employees based on union breaches of the duty of fair representation? How does the availability of recourse under provisions of labour relations legislation impact on the courts’ jurisdiction to make such awards?
• Employer’s Role: When can an employer be added as a party in a duty of fair representation complaint? Can an employer be liable along with a union?
• Discriminatory Provisions: When will unions be held liable for discriminatory provisions contained in a collective agreement?  What types of damages are being awarded by human rights tribunals against unions in these cases? Should labour boards find that such provisions constitute a breach of the duty of fair representation? Can a union be held liable for its negotiation of an agreement which fails to continue the coverage of benefits for disabled employees?