What is the relationship between a trade union and a member?

The relationship between the member of a trade union and the trade union has been likened to a contract in which both the union and the member agree to be bound by the terms of the union constitution (Berry v. Pulley, [2002] S.C.R. 493 at para 48).

The courts have inherent jurisdiction to consider disputes between a union and a member concerning the application of the union’s constitution. However, if the essence of the plaintiff’s complaint is that there was a failure to abide by the union’s constitution or by-laws, the courts will not deal with the matter until the internal appeal procedures provided under the constitution have been exhausted, unless those procedures are unreasonable, impracticable or illusory (Pileggi v. C.U.P.W. (2005), 13 C.P.C. (6th) 373 (Sup. Ct.) at para. 44).