DFR obligations - Article 47.2 of the Labour Code
Thanks in advance! I've received conflicting information from two separate labour lawyers on this, so hoping to find some clarification here.
I am a graduate student at a university in Quebec, meaning I've been employed in a variety of capacities (course instructor, research assistant, teaching assistant) under different unions. Throughout my studies, I've maintained my membership in union A, which represents teaching and research assistants.
Last year, I worked as a course instructor, under union B, and had a teaching assistant, under union A. A year after the end of my course instructor contract with union B, I was notified by the university that my teaching assistant filed a psychological harassment grievance, to which I was a respondent, with union A. I won't speak to the merits of the grievance beyond mentioning that it was quickly denied by the university.
The problem, however, is that on the date of the grievance filing, I held an active contract with union A, meaning they filed a grievance that explicitly sought disciplinary remedies against a dues-paying member of their bargaining unit.
So, my question is this, if I am a member of union A's bargaining unit, do they owe me duty of fair representation? Or are their DFR obligations absolved since the allegations in the grievance pertain to my role from last year under union B? I'm not contesting union A's right to file the grievance. What concerns me is the fact that they never informed me of or involved me in their investigation whatsoever.
47.2 of the Labour Code states:
"A certified association shall not act in bad faith or in an arbitrary or discriminatory manner or show serious negligence in respect of employees comprised in a bargaining unit represented by it, whether or not they are members."
I am, without question, a member of union A's bargaining unit. As such, do they owe me DFR?