Can a union be held liable as a result of discrimination?
Saskatchewan, Canada
The following excerpt is from Canada Safeway Ltd. v. Saskatchewan (Human Rights Commission), 1997 CanLII 9768 (SK CA):
Does Central Okanagan School District No. 23 v. Renaud, 1992 CanLII 81 (SCC), [1992] 2 S.C.R. 970 mandate a different conclusion? I question whether Renaud extends to making a union liable for the payment of salary in the absence of evidence that the employer offered a certain amount of dollars and the unions chose to allocate it to one class of employees rather than another. More importantly, I read Renaud as holding that a union can be liable equally with an employer where the union has been guilty of discrimination ---not that the union must be pursued as a precondition to proceeding with a class action against the employer.
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