FPSLREB Decisions

Unfair labour practice - Complaint based on paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging violation of subparagraphs 8(2)(c)(i) and (ii) thereof - Intimidation against members of an employee organization - Jurisdiction - Section 8 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (Regulations) - the complainant was a correctional officer who was a member of the Correctional Services Group (CX) bargaining unit, represented by the Public Service Alliance of Canada (PSAC) - the Union of Solicitor General Employees (USGE) was the authorized PSAC component for correctional officers - the complainant filed a complaint against the PSAC and the USGE - he alleged that a PSAC representative had suggested that if he did not sign a new membership card he would no longer be able to participate in PSAC affairs - at that time a rival employee organization, the UNION OF CANADIAN CORRECTIONAL OFFICERS - SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA - CSN, was seeking certification as the bargaining agent for the bargaining unit - the PSAC and the USGE argued that the prohibitions contained in subparagraphs 8(2)(c)(i) and (ii) of the PSSRA do not apply to an employee organization - the Board concluded that the prohibitions contained in subparagraphs 8(2)(c)(i) and (ii) of the PSSRA do not apply to an employee organization - the Board considered that it was appropriate to exercise its authority pursuant to section 8 of the Regulations to dismiss the complaint. 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); Martel v. Veley, 2000 PSSRB 89 (161-2-1126); Godin v. Public Service Alliance of Canada (Union of Solicitor General Employees) , 2001 PSSRB 16 (161-2-1121).