Alberta Labour Relations Board dismisses complaint over union's failure to bring grievance on LTD benefits
January 22, 2026
The Alberta Labour Relations Board dismissed an employee complaint alleging that a union had breached its duty of fair representation in failing to file a grievance over long-term disability (“LTD”) benefits.
The complainant requested that the union file a grievance with respect to difficulties the complainant was having with the insurer’s administration of his LTD benefits. The union did not initially engage with the complainant and, although it engaged with the complainant later in the process, the union ultimately decided not to file a grievance.
The complainant alleged that the employer had not done enough to remedy the significant financial strain caused by the complainant not receiving the LTD benefits to which he claimed to be entitled under the collective agreement, and that the union breached its duty of fair representation for failing to file a grievance. The union asserted that it considered the employer’s obligations under the collective agreement and, pursuant to the collective agreement, the administration of LTD benefits was performed by a third-party insurer and not the employer, and that any grievance was unlikely to be successful.
The Board concluded that the complaint lacked merit and summarily dismissed the claim. The Board found no evidence of bad faith, discrimination, or arbitrary conduct. The union had investigated the concerns, considered the terms of the collective agreement, and reasonably concluded that a grievance claim would fail. While the Board noted the lag in communication, it ruled that the delays did not prejudice the complainant’s rights. The complaint was dismissed under section 16(4)(e) of the Labour Relations Code.
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