Duty of fair representation

A buyer of a unionized business can meet this when members complain about how their union handled a grievance or bargaining. The duty is placed on the union, not the employer, but a complaint can sit in the middle of a business you are buying, so read the statute that applies to the workplace.

What the statutes say

• Ontario’s Labour Relations Act, 1995, section 74: a trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in that manner in representing any of the employees in the unit, whether or not members.
• The federal Canada Labour Code, section 37: a trade union or representative of a trade union that is the bargaining agent for a unit shall not act that way in representing any of the employees in the unit with respect to their rights under the collective agreement that applies to them. Under section 99, if the Board determines on a complaint that a party contravened section 37, it may order the party to comply with or cease contravening it.
• British Columbia’s Labour Relations Code, section 12 (titled duty of fair representation): a trade union or council of trade unions must not act in that manner in representing any of the employees in an appropriate bargaining unit, or in the referral of persons to employment, whether or not they are members, subject to the exceptions in subsection 12(2).

What to ask

Ask the seller whether any complaint about the union’s representation is open, and which board or tribunal holds it. See the bargaining unit and the unionized workplace checks. This entry covers federal, Ontario and British Columbia law; check the rules where you are.