Can a unionized employee bring an application for judicial review of an arbitration award?

Ontario, Canada

The following excerpt is from Koscik v Ontario Public Service Employees Union, 2013 CanLII 84290 (ON LRB):

5. Further, it is only the union that may seek to bring an application for judicial review of an arbitration award: Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 SCR 929; 1995 CanLII 108 (SCC). The duty of fair representation arises out of the union’s exclusive authority to act on behalf of an individual employee in litigating rights under a collective agreement with the employer. Once a collective agreement has been bargained and ratified collectively, the employee has no right to sue for any employment related issue. Given that the individual cannot litigate his or her rights under the collective agreement, the union owes the employee the duty of fair representation in the manner in which it makes decisions about whether or not to file a grievance or refer it to arbitration on the employee’s behalf.

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