FPSLREB Decisions

Unfair labour practice - Complaint under paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging a violation of subparagraphs 8(2)(c)(i) and (ii) thereof - Intimidation against members - Jurisdiction - the complainant filed a complaint against the Professional Institute of the Public Service of Canada (PIPSC) - he alleged that his bargaining agent had failed to observe the prohibitions contained in subparagraphs 8(2)(c)(i) and (ii) of the PSSRA - the complainant was an auditor with the Canada Customs and Revenue Agency - he belonged to the Auditors Group (AU) bargaining unit, represented by the PIPSC - he was a steward with the PIPSC - he had dealings with a rival employee organization, the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) - he resigned his stewardship with the PIPSC because he had been informed that, if he did not do so, he could be removed from stewardship and membership with the PIPSC - he had not been allowed to run for office as Chair of his bargaining unit because the PIPSC considered that he had given support to the CAW-Canada to become the bargaining agent for his bargaining unit - the PIPSC 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 subparagraphs 8(2)(c)(i) and (ii) of the PSSRA apply to an employee organization - the Board found that subparagraphs 8(2)(c)(i) and (ii) of the PSSRA have to be read in their context - the Board determined that the prohibitions contained in paragraphs 8(2)(a), (b) and (c) of the PSSRA do not apply to an employee organization - the Board added that it has no jurisdiction to regulate the internal proceedings of a bargaining agent. Complaint dismissed. Cases cited:Forsen v. Bean (148-2-209).