Union refuses to act: complaint for breach of the duty of representation
Distinguish disagreement from a legal breach, preserve evidence and apply to the TAT within the applicable deadline.
An internal union request or informal discussion does not necessarily stop the complaint deadline. Record now when you learned of the alleged breach.
Understand the legal threshold
A union has discretion to assess grievances and is not required to win every case. The duty does, however, prohibit arbitrary, discriminatory, bad-faith or seriously negligent representation of employees.
Ask for written reasons
Summarize the issue, dates, desired outcome and relevant clauses. Ask for the union’s decision, reasons, steps taken and remaining deadlines. Use any internal appeal process as well, but do not lose an external deadline.
Prepare the evidence
Keep the collective agreement, grievance, emails, texts, meeting notes, representative names, decisions and delivery proof. Explain specifically what the union did or failed to do instead of only stating disagreement with the outcome.
Apply to the Tribunal
The TAT generally states a six-month period from knowledge of the breach. Confirm the rule for your labour regime and occupation, because some sectors use a different framework. File the essential facts before the deadline.
Complaint against a union — TAT