Labour - Remedial LRA Exclusivity (Weber) - Exception: Internal Union Disputes
. Eklund v. ACTRA Performers’ Rights Society
In Eklund v. ACTRA Performers’ Rights Society (Div Ct, 2021) the Divisional Court set out an exception to the Weber doctrine in the context of the duty of fair representation:
[20] The duty of fair representation does not encompass all claims by members against unions. Internal trade union disputes, such as qualifications for membership, elections, discipline, union meetings and so on are governed by a union’s constitution, not the Labour Relations Act, and may be resolved through court proceedings. ....
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