members cannot sue their union, its staff or activists for
The only route of complaint is to the Labour Relations Board.
In McKee v. OPSEU, a Toronto Small
Claims Court decision on December 9, 1999, the court dealt with a
lawsuit by Jean McKee against OPSEU, OPSEU staff and local
officers for an allegedly wrongful refusal to process her
grievances. The court ruled that it had no jurisdiction over such
a lawsuit. Under the Labour Relations Act, there is a duty
of fair representation and a way to complain about it. It is clear
that this is to be the exclusive remedy against a union. To quote
…the bottom line is allowing Ms. McKee to
proceed in this court would fly in the face of a clear intention
of the Legislature that the Labour Relations Board have
exclusive jurisdiction over the issues raised by Ms. McKee.