Ruda and Public Service Alliance of Canada

161-2-821

  • Before: J. Potter
  • Appearances: Ruda, for the Complainant; B. Done, for the Respondent
  • Decision Rendered: 1997-10-07

Subject terms:

Unfair labour practice – Complaint under paragraph 23(1)(a) of the Public Service Staff Relations Act alleging a violation of subsection 10(2) of the Act – Duty of fair representation – complainant alleged that respondent bargaining agent had breached the duty of fair representation when it agreed to represent him only on the issue of quantum of penalty in his grievance against his discharge from the Public Service for alleged acts of sexual harassment – evidence established that complainant had admitted to the acts in question although he did not agree that they constituted sexual harassment – furthermore, experienced legal counsel who had been assigned by respondent to represent the complainant had conducted a thorough study of the case and had concluded that in light of complainant's admission it was only feasible to represent him on the issue of the quantum of the penalty – the Board was satisfied that the respondent had turned its mind to the relevant considerations in the case and had not acted in a manner that was arbitrary, discriminatory or in bad faith.

Complaint dismissed.

Case cited: Gendron v. Supply and Services Union of the Public Service Alliance of Canada, Local 5007 [1990] 1 S.C.R. 1298.