FPSLREB Decisions

Unfair labour practice - Complaint under paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging a violation of subsection 10(2) thereof - Duty of fair representation - Jurisdiction - the complainants filed a complaint against the Public Service Alliance of Canada (PSAC) - they alleged that their bargaining agent had failed to observe the prohibitions contained in subsection 10(2) of the PSSRA - the complainants belonged to a bargaining unit represented by the PSAC - they complained to the national president of their bargaining unit and the PSAC about irregularities relating to the election of their bargaining unit local's executive council and the day-to-day operations of their bargaining unit's local - they were considered, by their bargaining unit's local, to have posted a copy of their complaint in the workplace - their bargaining unit's local decided that they be investigated for a possible violation of its by-laws - the resolution requesting that the complainants be investigated had been posted in the workplace - 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 - it added that subsection 10(2) of the PSSRA provides for a duty of fair representation due to employees in their dealings with the employer - the Board addressed the issue whether the prohibitions contained in subsection 10(2) of the PSSRA apply to the relationship between a bargaining agent and an employee in a bargaining unit it represents - the Board found that subsection 10(2) of the PSSRA is intended to apply to disputes relating directly to the employment relationship. Complaint dismissed. Cases cited:St-James v. Public Service Alliance of Canada (100-1); Shore v. Bean (161-2-732); Hornstead v. Public Service Alliance of Canada (161-2-739); Tucci v. Hindle (161-2-840); Kilby v. Public Service Alliance of Canada (161-2-808, 150-2-44); Forsen v. Bean (148-2-209).