Case Commentary

Union did not have to pursue separate workers compensation and human rights claims

The Alberta Labour Relations Board dismissed a duty of fair representation complaint after finding the grievance issue was filed too late and separate workers compensation and human rights claims did not arise under the collective agreement.

The Alberta Labour Relations Board has dismissed a duty of fair representation complaint involving a workplace injury, a proposed grievance and separate workers compensation and human rights matters. The complainant worked as a welder at Dacro Industries and suffered a head injury at work in March 2024. He later raised concerns about the employer’s handling of medical treatment and asked his union, Boilermakers Local 146, to pursue the issue. The union investigated and concluded that the circumstances did not disclose a breach of the collective agreement that should be taken through the grievance process. It also directed the complainant toward assistance with his workers compensation matter. Later, he sought union help in connection with workers compensation and human rights issues. The Labour Relations Board separated those issues because the duty of fair representation under Alberta’s Labour Relations Code is tied to the union’s representation of employee rights under the collective agreement. The grievance related complaint faced a timing problem.

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