Duty of fair representation

Sect. 37.   A trade union or representative of a trade union that is the bargaining agent for a bargaining unit shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit with respect to their rights under the collective agreement that is applicable to them.

[Canada, Labour Code]

Sect. 40. Duty of fair representation.

(1) Where a trade union has been certified as the exclusive bargaining agent for a bargaining unit, that trade union shall provide full and proper representation of the interests of all employees  in the bargaining unit with respect to their rights under the collective agreement.

(2) Any employee in the bargaining unit may apply to the High Court for an order directing the trade union to cease a violation of subsection (1) and to direct that the act or omission be rectified.

[Grenada, Labour Relations Act 1999]

Sect. 43 Recognition as collective employee representative.

(9)  Where an organization  has been granted recognition as the exclusive collective employee representative, it shall be the duty of that organization to provide full and proper representation of the interest of all employees covered by the recognition agreement whether or not they are fully  paid up members of the organization.

[Swaziland, Industrial Relations Act, 1996 (amended by the Industrial Relations Act, 2000)]