Achi news desk-
An English teacher working in the service center of a French-language school, who filed a complaint against his union because he wanted to communicate with it in French, had his complaint dismissed.
The Administrative Labor Court accepted the union’s request to dismiss him, arguing that the complaint does not fall within his duty to provide fair representation to his members.
Last October, the union at the Center de services scolaires francophone informed the teacher that from then on he would have to speak French with members of the union’s management.
The union added that it will now also only communicate with him in French.
In response, the teacher filed a complaint against his union for violating his duty of fair representation, arguing that human rights must be respected and his desire to communicate in English.
Also, the man requested that the union give him all the documents related to his personal file.
The union asked to reject both demands, and the tribunal agreed.
“The court comes to the conclusion that the two claims made by the complainant against the union have nothing to do with his role as a mediator between him and the employer,” writes the judge. “He complains about the conduct of the union in its relations with him as a member of the bargaining unit.”
“Internal communication issues, including all language-related issues, do not fall within the union’s duty of fair representation,” the court added.
“Regarding access to the complainant’s file, the court believes that it has no power to intervene. This is evidenced by the requested solutions. It does not request to submit a claim to the arbitrator as if it were a collective bargaining agreement. It requests changes in the union’s behavior and a copy of its files. The violations raised are not covered by the duty of fair representation stipulated in section 47.2 of the bylaws , and therefore fall outside the court’s jurisdiction,” the judge. summarizes
— This Canadian Press report was first published in French on April 9, 2024.
