Does a duty of fair representation need to specifically raise an allegation of discrimination or a failure to accommodate?
Canada (Federal), Canada
The following excerpt is from Bingley, 2004 CIRB 291 (CanLII):
81 It appears that a complainant need not specifically raise an allegation of discrimination or a failure to accommodate when advancing a duty of fair representation complaint. The decision in Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, supra, suggests that the union acted in a manner that was arbitrary, discriminatory or in bad faith.
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