• Grievance and Arbitration

Overview

Franklin Law’s labour lawyers are well positioned to provide you with insightful advice, exceptional support and, if need be, effective representation in pursuing redress for all kinds of labour law matters including but not limited to:

  • Grievance/Arbitration
  • Disputes between Union Members
  • Constitutional Violations

Labour law governs the employment relationship where employees are represented by Unions (or Professional Associations or Federations).   The terms and conditions of employment for each worker are typically set out in a collective agreement between one or more employers and the Union, and the terms and conditions of membership in the Union are typically set out in its Constitution and By-Laws.

Franklin Law provides labour law-related advice and representation to individual workers and unions in the following situations.

Grievance/Arbitration

Unions often retain external counsel for a host of reasons.  Franklin Law represents and supports Unions in grievance arbitration.   We are particularly well positioned to provide Unions with support in complex discrimination grievances and in matters where the need for an external and independent decision maker is paramount.

Disputes between Union Members

Sometimes two workers who are covered by a collective agreement have a dispute. When this occurs, Unions face the difficult task of ensuring that each of them gets the representation they deserve. In cases, where one worker alleges that the other worker has discriminated against him or her, the task becomes even more difficult and Unions are often thrust into making decisions with significant and long-lasting implications. By arranging for Franklin Law to advise and represent one of the workers in the dispute, Unions can ensure that both workers interests’ are represented, maintain the confidence of their membership and avoid a “political minefield”.

Constitutional Violations

Disputes between workers and their Unions with respect to whether or not the Union has violated its Constitution are dealt with by way of an action for breach of contract in the Courts rather than through grievance arbitration or a duty of fair representation complaint. In exceptional cases, where your interests and rights are clearly being violated because a Union simply refuses to comply with its Constitution, Franklin Law can provide you with advice and representation in a Court-based law suit for breach of contract.