Worker claims union failed to fairly represent him
as the battle between the City of Calgary and the local firefighters’ union heats up, one worker claimed he was not fairly represented by his local chapter.
Allan Ball, a firefighter since 1987, filed a duty of fair representation complaint against the Calgary Fire Fighters Association relating to the union’s handling of an ongoing grievance regarding alleged back pension funds.
But because that initial grievance is still being debated between the city and union, an arbitrator dismissed Ball’s misrepresentation claims on the basis it is too early to reach a conclusion.
The case began when Ball joined the fire service. As he was previously employed with the provincial government, he applied to buy back pension on account of that prior service. He was entitled to buy back about 3.5 years of service, which translated to a payroll deduction plan at $42.64 per pay for 15 years. So the city of Calgary set it up.
The problem arose when Ball, alongside about 40 other firefighters, alleged the city failed to indicate the buy back of the previous service in 2007.
The local chapter filed a grievance, and it was decided all of the cases would be presented at one hearing. Ball’s case stood out, as did one of his co-worker’s. But the union felt it would be better to present the other firefighter’s case ahead of Ball’s (as the "test case"), citing a greater possibility for settlement as its motivation.
Ball disagreed. "This is further evidence of the union’s lack of fairness and ability to assess the significance or consequence to him on this matter," he argued.
Contrary to that, the union maintained it did not act arbitrarily, but rather carefully examined its options before reaching its conclusion. As such, the firefighter’s association acted appropriately under the labour code.
"This is an examination of the union’s behaviour — not an appeal of the union’s decision," arbitrator Gerald Lucas explained. "In deciding whether or not to pursue a grievance, a union must avoid arbitrary, capricious, discriminatory or wrongful conduct. It must not act in bad faith."
He concluded the union did just that. While the initial pension grievance was (and continues to be) a meandering process, many of the court delays were not the union’s fault. It was the union’s duty to assess its options and go from there.
"As a result, we dismiss the case at this time," said Lucas. "If, after the union has pursued the complainant’s grievance...and if (he) still believes the union failed to fairly represent him he is at liberty to file another complaint."
Reference: Allan Ball and the Calgary Fire Fighters Association, Local 255. Gerald A. Lucas — arbitrator. Jan. 30, 2014.
