The British Columbia Labour Relations Board has dismissed a security guard’s complaint that his union failed to represent him fairly in disputes with his employer, Garda Canada Security.
The worker, who was employed for about two years, alleged that Construction and Specialized Workers’ Union Local 1611 acted in an arbitrary, discriminatory, and bad faith manner by declining to grieve his treatment and alleged dismissal. He said incidents at a Home Depot site and the Bank of China site led to his removal from work assignments and, eventually, the end of his employment.
In his application, the worker argued the union sided with the employer and failed to defend him after he was “abused on my job at Home Depot parking patrol.”
He said the union held a separate meeting with the employer without him and was “negatively influenced,” choosing not to advance his case.
Board finds complaint untimely
The tribunal found the application was filed years after the events in question. Evidence in the record, including employer emails, pay stubs, and suspension notices, indicated the incidents occurred in early 2020 around the outset of the COVID-19 pandemic.
Section 12 complaints under the Labour Relations Code must be filed within a reasonable time, measured “in months, not years,” the tribunal noted. The worker offered no explanation for the delay of about four years.
“Accordingly, I dismiss the Application on the basis of undue delay,” the tribunal said.
Union conduct did not breach duty
Even if the complaint had been timely, the tribunal said it would still have failed. The worker alleged the union was arbitrary because it accepted the employer’s views, discriminatory because he was targeted based on race, and in bad faith because it prioritized its relationship with the employer.
The tribunal found no facts to support these claims. It said unions are entitled to decide whether to pursue grievances, even if their position differs from that of a member.
“It is not a breach of Section 12 of the Code for a union to meet with an employer without the member present, nor is it a breach … for a union to assess the situation and reach the same view as the employer,” the tribunal said.
On the claim of discrimination, the tribunal said the worker described workplace bullying and targeting based on race but did not link those allegations to the union’s conduct. “The Applicant has not alleged any facts that would demonstrate an apparent case that the Union’s representation was discriminatory,” it said.
Regarding bad faith, the tribunal found no evidence of improper purpose or conspiracy. “It is not a breach of Section 12 for a union to assess a situation and to come to the same conclusion as an employer,” the decision stated.
In dismissing the application, the tribunal concluded that even if it had been filed on time, “the Application fails to disclose an apparent breach of Section 12.”
For more information, see Frederic Ntibarimungu, 2025 BCLRB 184 (CanLII).
