Alberta Labour Relations Board dismisses union member's complaint, finds union did not breach its duty
November 28, 2023
A union was within its rights to decline to pursue a grievance on behalf of a member, according to the Alberta Labour Relations Board (ALRB).
The Collective Agreement provided that the employer would contribute to the pension plan an amount equal to 13.5% of each employee’s basic salary. However, due to a restriction in the Income Tax Act (Canada), a pension plan can not receive contributions with respect to a member after the end of the calendar year in which the member reached age 71.
In this decision, the complainant was over the age of 71 and was of the view that the equivalent of his pension contributions should be paid to him as salary. After a robust grievance review process, which considered the merits of the complaint, the union declined to pursue the grievance.
The complainant then filed a complaint with the ALRB, arguing the union failed to fairly represent him. The ALRB dismissed the complaint.
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