Babita Rana challenged the way the University of Alberta staff association handled grievances arising from her unpaid leave under a pandemic vaccination directive. The union negotiated a settlement covering approximately 105 employees. It restored the complainant's lost wages and benefits, included general damages and required the withdrawal of individual and policy grievances. Rana believed the compensation for emotional distress was inadequate and said she should have been consulted further.
The Alberta Labour Relations Board summarily dismissed the complaint under sections 153 and 16(4)(e) of the Labour Relations Code. The union had obtained Rana's position before filing her grievance, considered additional damages and weighed arbitration risks against the settlement. The duty of fair representation required a fair and rational assessment, not acceptance of every amount requested by an individual grievor. The Board did not decide whether the employer's original vaccine directive was lawful or what damages might have been ordered at arbitration. (Reasons, paragraphs 21 to 34.)