Is a union discriminated against the Complainant by refusing to file a grievance concerning vacation accrual?

Alberta, Canada


The following excerpt is from Zawalski v Canadian Union of Public Employees, Local 474, 2017 CanLII 52409 (AB LRB):

The final and perhaps more difficult question to answer is whether the Union discriminated against the Complainant by refusing to file a grievance concerning her vacation accrual? “Discrimination” refers to actions or decisions which are based on “invidious distinctions without reasonable justification or labour relations rationale”: see Pham v. ATU, Local 113, [1997] CarswellOnt 6477 at para. 9.

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