Chris: My practice is generally limited to non-unionized employment situations – precisely for reasons you describe. It is the union that has the right to take the case forward for dismissed employees. The representation can be challenged in the labour board – but it is quite an uphill battle. Best of luck.

I’ve since heard many stories about individuals signing settlements under extreme duress. When I can I try to warn people about this. I also tell anyone who has signed a settlement that their fight is over. There’s nothing more they can do. No tribunal or court will entertain any argument that an agreement was signed under duress.

The “grievor” / “grievant” is not a party to an arbitration and the union’s advocate represent’s the union’s interests – which means that of the executives, not the rank-and-file members. These hearings are held in hotel rooms and are never recorded. This is our 21st century version of trial by ordeal. It is a situation sustained with the assistance of the labour boards and the courts. It is barbaric, and I believe it’s days are numbered.

http://www.uncharted.ca/images/users/ssigurdur/052013_pblc_ltr_re_cj_to_naa.pdf