FPSLREB Decisions

Unfair labour practice - Complaint under paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging a violation of provisions 8(1), 8(2)(a), 8(2)(b), 8(2)(c)(ii) and 9(1) thereof - Interference in the affairs of an employee organization - Discrimination towards members of an employee organization - Intimidation against members of an employee organization - Undue delay - the complainant was a steward with his bargaining agent - in 1991, he became involved with the representation of a member of his bargaining unit who had filed a grievance - the complainant alleged that representatives of the employer interfered with his representation of that grievor - the complainant applied on a competition in 1996 - he alleged that comments about his representation of the grievor in 1991 were made by a representative of the employer during a "post-board" meeting held in relation to that competition - the complainant filed his complaint in 2000 - the respondents objected to the complaint on the basis that it was not filed with the Board within a reasonable time - the complainant responded that his complaint was filed in 1996, but with the wrong tribunal, as a result of a mistake of his representative - he added that no one informed him to file a complaint under section 23 of the PSSRA - the complainant added that there is no time limit to file a complaint with the Board - the Board commented that complaints should be filed within a reasonable time frame following the events on which they are based - the Board found that the complainant, as a steward with his bargaining agent, ought to have known of the complaint process under the PSSRA - the Board further found that the complainant failed to act in a diligent manner and did not file his complaint in a reasonable time frame. Complaint dismissed. Cases cited:Harrison v. Public Service Alliance of Canada(161-2-725); Horstead v. Public Service Alliance of Canada (161-2-739); Giroux v. Séguin(161-825 and 826).