FPSLREB Decisions

Unfair labour practice - Complaint based on paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging a violation of subparagraph 8(2)(c)(ii) thereof - Intimidation of members of an employee organization - Participation in the lawful activities of an employee organization - Picketing or leafleting - Remedy - collective bargaining between the Public Service Alliance of Canada (PSAC) and the employer had broken down - the employer's board of management, composed of 15 members, establishes the employer's mandate for collective bargaining and approves collective agreement - the local PSAC strike committee invited one member of the employer's board of management to meet to "exchange ideas and discuss areas of concerns" - that member of the employer's board of management declined the invitation - 11 PSAC members demonstrated on their own time at the place of business of that member of the employer's board of management, which also happened to be his residence - the demonstration, which was peaceful, lasted about 25 minutes - access to and egress from the property of the member of the employer's board of management were not blocked - the PSAC had notified the local police in advance of the demonstration - the employer issued letters of reprimand to the 11 PSAC members who had demonstrated - the PSAC argued that its members had been reprimanded for having participated in the lawful activities of their employee organization - the PSAC added that its members had engaged in leafleting with a view to communicate a message - the employer responded that it could not allow picketers to demonstrate at the home of members of its board of management - it added that not all lawful activities are protected under the PSSRA - it also alleged that the demonstration had infringed on the right to privacy of the member of its board of management - the Board found that the 11 demonstrators had engaged in the lawful activities of an employee organization and that the employer had failed to observe the prohibitions contained in subparagraph 8(2)(c)(ii) of the PSSRA by reprimanding them - the Board ordered the employer to rescind and destroy the letters of reprimand - the Board declined to order the employer to provide a public apology or to post copies of the decision in the work place. Complaint allowed. Cases cited:Stonehouse v. Treasury Board (161-2-137); United Food and Commercial Workers, Local 1518 v. KMart Canada Ltd., [1999] 2 S.C.R.1083.