FPSLREB Decisions

Unfair labour practice - Complaint under paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging a violation of subparagraph 8(2)(c)(i) thereof - Intimidation against members - Jurisdiction - the complainant filed a complaint against officers of the Public Service Alliance of Canada (PSAC) - he alleged that officers of his bargaining agent had failed to observe the prohibitions contained in subparagraph 8(2)(c)(i) of the PSSRA - the complainant was a correctional officer who belonged to the Correctional Services Group (CX) bargaining unit, represented by the PSAC - he was considered, by officers of the PSAC, to have given support to a rival employee organization, the Union of Canadian Correctional Officers (UCCO-CSN), to become the bargaining agent for his bargaining unit - he was recommended for discipline by officers of the PSAC (suspension of membership for the longest period possible) - the PSAC objected to the Board's jurisdiction to hear the complaint - it argued that the matters which formed the subject of the complaint were internal union matters - the Board addressed the issue whether the prohibitions contained in subparagraph 8(2)(c)(i) of the PSSRA apply to a person acting on behalf of an employee organization - the Board found that the prohibitions contained in paragraphs 8(2)(a), (b) and (c) of the PSSRA do not apply to a person acting on behalf of an employee organization - the Board added that it has no jurisdiction to regulate the internal proceedings of a bargaining agent. Complaint dismissed. Cases cited:Lai v. Professional Institute of the Public Service of Canada, 2000 PSSRB 79 (161-34-1128); Tucci v. Professional Institute of the Public Service of Canada, 2000 PSSRB 80 (161-34-1129); Forsen v. Bean (148-2-209).