Black officer’s case will proceed after police union refused help in discrimination complaint involving fellow officers
Brent Bowden, a Black police officer in Truro, filed a complaint because he believes his union (the Atlantic Police Association) didn’t fairly represent him after a racist incident at work — someone left a banana peel on his car, a known racial stereotype and insult against Black people.
Key Details:
1) The Racist Incident (June 24, 2024)
Someone put a banana peel on Bowden’s car windshield.
His co-workers tried to say it was a joke related to health and safety.
As a Black man, Bowden found the act deeply offensive and racist.
2) He Went to His Union (October–November 2024)
He asked for help from the union to file a formal complaint or take action.
The union refused to help, saying they couldn’t represent him because the people he was accusing were also union members.
Bowden replied, asking for any representative — not just the one with a conflict.
Again, the union declined, saying they could help him “resolve it” but would not support him in pursuing accountability.
What Did Bowden Do Next?
December 4, 2024: Bowden filed a complaint with the Nova Scotia Labour Board under the Trade Union Act, claiming the union failed in its Duty of Fair Representation (DFR).
What is a DFR Complaint?
This type of complaint means you’re saying your union acted:
Arbitrarily (randomly, unfairly),
Discriminatorily, or
In bad faith (dishonestly or with a conflict of interest) … when it was supposed to represent you as a union member.
What Did the Labour Board Say So Far?
The Board said YES — Bowden’s complaint is:
Valid: The banana incident could reasonably be tied to racism.
Timely: He filed within 90 days of being denied support.
In-Scope: Even though it’s not about wages or schedules, every worker has a legal right to be protected from racism at work — and that’s part of what unions are supposed to help enforce.
Next step: A Review Officer will now look deeper into the case.
What the Union Argued
The union said:
They can’t help Bowden because he’s accusing other members.
He didn’t file a grievance formally first.
This isn’t a “collective agreement” issue (like pay or hours).
The Board disagreed, saying:
Anti-Black racism is a human rights issue, which falls under labour law too.
Bowden did try to resolve things internally — the union just shut him down.
Why This Matters — Especially for Black Nova Scotians
Unions have power — if they refuse to help a Black member stand up against racism, that’s a serious problem.
This case confirms that racism at work is not just a human rights issue — it’s also a union issue.
If this moves forward, it could set a precedent that says: unions can’t look the other way when racism happens among their members.
What Can Others Learn or Do?
For Black Workers:
Know that you have rights — not just from your boss, but from your union too.
If you’re denied support, document it and push for fair treatment.
This case shows that racism disguised as a “joke” or “misunderstanding” can still be taken seriously by the law.
For Unions:
You can’t ignore racism, even if the person accused is a member.
You have a duty to protect every member, including when there are internal disputes rooted in discrimination.
What Happens Next
Referral to a Review Officer The Board will now assign a Review Officer (under Section 56A of the Trade Union Act) to:
Review the facts more deeply,
Attempt informal resolution (mediation or settlement) if possible.
If No Resolution is Reached → Full Hearing
A Labour Board hearing will be scheduled.
Bowden and the union will present evidence and testimony.
Legal arguments will be made on whether the APA violated its duty of fair representation (DFR).
Decision by the Labour Board
The Board could rule that:
The APA failed Bowden and must take action, possibly including formal representation, an apology, or even compensation.
Or, that the APA’s actions were legally acceptable (if the Board is convinced they weren’t arbitrary, discriminatory, or in bad faith — but that’s now an uphill argument for APA).
Possible Appeal
Either party can appeal the decision to the Nova Scotia Court of Appeal, but appeals must show an error of law, not just disagreement.