Delay in Pension Benefits Not Due to Breach of Duty of Fair Representation: BC Labour Relations Board
June 05, 2026
The British Columbia Labour Relations Board (the “Board”) dismissed a duty of fair representation application brought by an employee (the “Applicant”) who alleged that his union acted improperly in connection with a delay in his membership in the union, which was required to be eligible in the pension plan.
This application was filed under Section 12 of the Labour Relations Code (the “Code”), which requires a union to represent employees in a bargaining unit in a manner that is not arbitrary, discriminatory, or in bad faith.
The Applicant worked periodically for the Employer beginning in 2014 but did not become a member of the union until 2024. While the Employer properly remitted pension contributions and union dues for all hours worked pursuant to the collective agreement, union membership was required for pension eligibility.
The Board accepted the union’s position that there was no evidence supporting the Applicant’s assertion that he had applied for union membership back in 2014. The Board held that Section 12 of the Code provides a narrow right and protection, applying in the context of a union’s representation in the negotiation or administration of collective agreements.
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