Duty of Fair Representation

This article was first published in Subtrack https://dg4vp.substack.com/p/denied-by-your-union-how-to-defend.

What to Do When the Union Refuses to Support You

I’ve been contacted by members who shared a deeply frustrating experience: their union—despite years of paid membership—refused to support their grievance against an employer’s disciplinary action that, in their view, violated their human rights.

One such refusal included this quote from a PIPSC Employment Relations Officer (ERO):

" I do not recommend filing a grievance on the Policy, your LWOP, nor the religious exemption request. If you disagree, pursuant to the PIPSC’s Policy on Representational Services, you may request reconsideration of my recommendation to the Director, Regional Labour Relations Services, Nancy Lamarche (nlamarche@pipsc.ca). Your request for reconsideration must be received no later than the end of business day MM  DD  YYYY"

These members were left confused, isolated, and unaware that they still had the right to file a grievance—especially when the issue did not relate to the interpretation of the collective agreement, but rather to disciplinary action and possible Charter violations.

So I created this article to serve as a guide for those in the same situation—

• on how to file a grievance without union support,  and 

• how to hold the union accountable if it fails to fairly represent its members.

Filing a Complaint Against the Union

If your union dismissed your grievance unfairly, you can file a Duty of Fair Representation (DFR) complaint.

When You Can File a DFR Complaint:

• Union refused to represent you without investigation

• Union acted arbitrarily or with bias

• Union failed to consider your human rights, health status, or Charter arguments

• Union dismissed your case based on convenience or internal politics

How to File:

1. Download the “DFR Complaint” form from the FPSLREB website

2. Attach:

   • Emails and letters from the union

   • Grievance and employer letters

   • Your timeline of events

3. Submit it within 90 calendar days to:

   • Email: director.directeur@fpslreb-crtespf.gc.ca

   • Address: FPSLREB, 240 Sparks St, Ottawa, ON K1A 0A5

Sample Argument for Your DFR Complaint:

I believe my union violated its duty of fair representation by refusing to support my grievance without a full investigation or reasoned explanation. They failed to meet with me, review my documents, or consider my legal rights under the Charter. Their refusal was arbitrary and in bad faith, particularly given my long-standing membership and the seriousness of the grievance. I request that the Board direct the union to reconsider the grievance or allow me to proceed to adjudication independently.

In Closing: You Are Not Alone

If your union refuses to support your grievance—don’t give up, and don’t stay silent. There are remedies available. The grievance process belongs to you, not the union, and public servants have rights protected by law.

And most importantly, don’t hesitate to reach out for help. I—and a few other union executives who share your concern—are willing to assist. Unfortunately, not many will speak up—but some of us do, and we will support you in defending your rights with dignity and clarity.

You can contact me directly. This is how we rebuild integrity within our institutions—from the ground up.