Section 12 FAQs This document answers some common questions, and addresses some common misunderstandings, about Section 12 of the Labour Relations Code. WhatiscoveredbySection12
What is Section 12? Section 12 is a provision in the Labour Relations Code that says a union cannot represent an employee with the employer in a manner that is arbitrary, discriminatory or in bad faith. Most Section 12 complaints concern grievances...either where the union has refused to file a grievance or has refused to take a grievance to arbitration. A Section 12 complaint can also be about collective bargaining or improper dispatch where the union runs a hiring hall. I asked my union representative to help me with a worker’s compensation appeal but he told me that the union doesn’t do that. Is that right? While some unions assist members with compensation appeals, complaints to the Human Rights Tribunal and EI appeals, they are not required to do so. You can represent yourself or be assisted by a lawyer or other representative. My union representative never returns my phone calls and when she does, she is not very helpful. I pay union dues and I don’t think my union is representing me properly. Should I make a complaint to the Labour Relations Board? Section 12 is limited to a union’s representation of employees with the employer. It is not a forum for complaints about union staff being impolite or not responding promptly to member inquiries. The Labour Relations Board is not the equivalent of a “Better Business Bureau” for unions. If you are not satisfied with the service you are receiving from your union representative, contact someone higher up in your union. This might be the local president or regional director. Can I make a Section 12 complaint against my employer? No. Only your union can represent you with your employer. You should contact your shop steward or union office for assistance. Section 12 concerns the union’s conduct in representing you. 2 Youcan’tfileaSection12complaintbeforetheunionhasmadeadecision
My employer suspended me for no good reason. My shop steward wouldn’t help me. Should I file a Section 12 complaint for that reason? The first thing to do is to contact somebody higher up in your union. This may be a staff representative at the union office, a business agent or local president. You should be clear that you want the union to file a grievance on your behalf. It is a good idea to send an email or letter as well. Ask for a copy of the grievance. OK. I’ve done that, and the union refused to file a grievance. Or, it filed a grievance but my union representative has now told me that they will not take my grievance to arbitration. Should I file a Section 12 complaint? Many unions have an appeal process. You may be able to appeal the union representative’s decision to a grievance appeal committee or the local executive. Send an email or letter to the union and ask them how to appeal. You generally have to complete union appeals before you can file a Section 12 complaint. See the Section 12 Guide, p. 18. Notjustbecauseyouthinktheunionwaswrong
OK, I got a letter from the union saying it will not take my grievance to arbitration. I think they are wrong. Should I file a Section 12 complaint? Just because you disagree with the union’s decision is not enough reason to file a complaint. You will have to show that the union’s decision‐making process was arbitrary, discriminatory or in bad faith. For more information, please refer to the Section 12 Guide on our website. 3 IfyoufileaSection12complaint
How do I file a Section 12 complaint? The first thing is to read the Section 12 Guide. It is on the Board’s website: www.lrb.bc.ca. You can then complete the complaint form which is also on our website. Is there a fee? Yes, all applications to the LRB have a $100 filing fee. Is there a time limit? A complaint must be filed within a reasonable time after the union representation you are complaining about. If there is more than three months’ delay in making the complaint, your complaint must set out the reasons for the delay (i.e. why it took you so long). If you do not provide very good reasons for the delay, the complaint may be dismissed. If you are completing union appeals (as described above), that is a good reason, but the complaint must still be filed within a reasonable time after appeals have completed. I don’t know if I have a good case. Can the LRB tell me? No...but our Information Officer can give you general information that may help you decide. You can also obtain your own legal advice. You can contact the Information Officer at [email protected] or 604‐
660‐1304. (If you are outside the Lower Mainland, you can call Service BC toll free at 1‐800‐663‐7867 and ask them to connect you.) What if I my writing or English is not good? The complaint does not need to use fancy or “legal” language. However, it must clearly describe the facts of your situation. If you are not sure you can do that, you should get someone to help you. 4 What happens when the LRB gets my complaint? The Board’s Registry may review it for compliance with the Rules. Then an adjudicator (Vice Chair) decides whether it discloses an apparent contravention of Section 12. In other words, does the information in your complaint indicate the union may have violated Section 12. If the answer is no, your complaint will be dismissed. If the answer is yes, your union and employer are asked to make written responses to your complaint. You get copies of these submissions and will have the opportunity to respond to them. When all written submissions are received, the adjudicator will review all of the material and decide if there has been a violation of Section 12. The Vice Chair’s decision will be sent to you and will be posted on the LRB website. Will there be an in‐person hearing? Not usually. Most cases are decided based on the written submissions. How long does the whole process take? A maximum of six months but it could be much less. This document provides general information, not advice on your particular situation. For further information, see the Section 12 Guide and James W.D. Judd, BCLRB No. B63/2003.