Challenging Union Discipline? Alberta Courts Say Look to the Labour Board:
For unions navigating disciplinary proceedings for employees – have you ever wondered whether the courts can intervene?
A new Alberta Court of Appeal decision, Dunlop v Carpenters’ Regional Council of the United Brotherhood of Carpenters and Joiners of America, 2026 ABCA 88 sheds light on who decides internal union discipline disputes and when courts should step aside.
The case confirms that complaints about unfair union discipline are generally handled by the Alberta Labour Relations Board, not the courts.
Members Ask Court to Stop Union Discipline
Several union members were charged under the union’s internal discipline process. They said the charges were filed too late under the union’s rules, while the union disagreed and moved ahead with a hearing. Instead of waiting, the members asked the court to step in and stop the process.
Labour Board Has Exclusive Jurisdiction
Alberta courts declined to intervene, finding the dispute fell within the Labour Relations Board’s exclusive jurisdiction. At its core, the complaint was about whether the union applied its disciplinary rules in an arbitrary, unreasonable, or discriminatory way.
Under Alberta’s Labour Relations Code, the Labour Relations Board, not the courts, has exclusive authority to decide complaints that a union applied discipline in a discriminatory manner. That authority applies even where the dispute involves interpreting a union’s constitution.
Courts Won’t Stop Internal Discipline
The union members also argued the court should grant interim relief before any penalty was imposed. The Court rejected this argument, holding that “disciplinary action” includes the disciplinary process itself, not just final sanctions. As a result, courts should not intervene where the substance of the dispute falls within the Board’s authority.
Conclusion
Courts will generally not intervene in internal union discipline disputes where the real complaint is about unfair or unreasonable application of union rules.
Before heading to court, it’s important to understand whether a dispute belongs there in the first place. If you have questions about labour relations proceedings, internal union disputes, or jurisdictional strategy, DWF’s labour and employment lawyers are here to help.
