What is the test for alleging that a bargaining agent failed to meet their duty of fair representation in a bargaining agreement?
Canada (Federal), Canada
The following excerpt is from Chen v. Ouellet, 2014 PSLRB 56 (CanLII):
74 It is uncontested the onus rests with the complainant to establish on a balance of probabilities the bargaining agent failed to meet its duty of fair representation (Ouellet v. Luce St-Georges and Public Service Alliance of Canada, 2009 PSLRB 107).
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