FPSLREB Decisions

I. Complaint before the Board

1 On September 14, 2007, the Professional Institute of the Public Service of Canada (“the complainant”) filed a complaint against the Canada Revenue Agency (“the respondent”) under paragraphs 190(1)(b) and (g) of the Public Service Labour Relations Act, S.C. 2003, c. 22, (“the Act”). The complainant alleged that the respondent had failed to comply with the duty to bargain in good faith under section 106 of the Act and that it had committed an unfair labour practice within the meaning of section 185 when it refused to provide to the bargaining agent certain requested contact information for employees in the Audit, Financial and Scientific (AFS) Group. The complainant also alleged violations of the Canadian Charter of Rights and Freedoms.

2 The Public Service Labour Relations Board (“the Board” or PSLRB) issued an interim decision in this complaint and another related file on February 21, 2008. In Professional Institute of the Public Service of Canada v. Treasury Board and Canada Revenue Agency, 2008 PSLRB 13, the Board declared in principle that the present respondent and the respondent in the related complaint, the Treasury Board, interfered in the representation of employees by the complainant by failing to provide necessary employee contact information. The Board found that such interference constituted an unfair labour practice. The Board ordered that a hearing be convened on June 25 to 27 and July 11, 2008, to determine the remaining issues.

3 At the hearing, the parties reached an agreement, and by letters to the Board dated July 14, 2008, they requested that the terms of that agreement be incorporated into an order of the Board.

4 The order, on consent, is as follows:

II. Order

5 The employer will:

1. on a quarterly basis, disclose to the bargaining agent the home mailing addresses and home telephone numbers of its employees belonging to the AFS bargaining unit, that the employer possesses in its human resources information systems. The employer will endeavour to provide this information to the bargaining agent within 3months of the PSLRB Order endorsing this MOA;

2. subject to the receipt of an express written consent from the Public Service Alliance of Canada (PSAC) granting permission to use the business process and system developed for the PSAC (Public Service Alliance of Canada v. Canada Revenue Agency, 2008 PSLRB 44) for the sole purpose of transmitting employee home contact data to the bargaining agent, the employer agrees to provide the data as outlined in paragraph 1;

3. provide the data in a flat file comma delimited format specified in Appendix A (field lengths to be confirmed);

4. prior to the initial disclosure of the information outlined in paragraph 1 above, the employer and the bargaining agent will jointly advise employees that the information will be disclosed. The message will explain the reasons why the information is being disclosed. Attached to the joint message will be the Board Order. Any questions concerning the disclosure will be directed to the bargaining agent. The joint message is attached to this agreement as Appendix B.

6 The bargaining agent will:

1. withdraw complaint 561-34-177;

2. agree that this is a full and final settlement of all claims they have, or shall have in respect of home contact information for employees in the bargaining unit, against Her Majesty in right of Canada, Her employees, agents and servants arising out of this application and, subject to the provisions of the PSLRA, agrees not to take any proceeding of any manner with respect to them;

3. ensure that the disclosed information is used solely for the legitimate purposes of the bargaining agent in accordance with the PSLRA;

4. ensure that the disclosed information will be securely stored and protected;

5. respect the privacy rights of the employees in the bargaining unit;

6. acknowledge that the employer is bound by the Privacy Act with respect to the protection of personal information as defined in that Act. The bargaining agent shall manage the personal information disclosed under this Memorandum of Agreement in accordance withthe principles of fair information practices embodied in the Privacy Act and the Privacy Regulations. Specifically, it will keep private and confidential any such personal information disclosed by the employer to the bargaining agent under this Memorandum of Agreement;

7. for the sake of clarity, the bargaining agent shall among other things:

   1. not disclose the personal information to anyone other than bargaining agent officials that are responsible for fulfilling the bargaining agent’s legitimate obligations in accordance with the PSLRA;

   2. not use, copy or compile the personal information for any purposes other than those for which it was provided under this agreement;

   3. respect the principles of the Government Security Policy at http://www.tbs-sct.gc.ca/pubs_pol/gospubs/TBM_12A/gsp-psg_e.html for the security and disposal of this personal information; and

   4. ensure that all bargaining agent officials that have access to the disclosed information comply with all the provisions of this agreement;

8. recognize the sensitivity of the information being disclosed with respect to personal security of employees, especially where inadvertent mishandling/disclosure of this information could result inserious safety concerns,and accordingly, will ensure vigilant management and monitoring controls on this information at all times in light of these potential risks to employees and their families;

9. recognize that the information provided from the employer’s database in place at the time of disclosure was provided by employees and that the employer will not be held liable should a strike vote be challenged. The bargaining agent is responsible for updating its own database.

7 The terms and conditions of this agreement are made without prejudice or precedent.

8 It is expressly understood and expressly agreed that neither implementation of the terms of settlement nor acceptance of this agreement constitutes any admission of liability on behalf of any of the parties and that such liability is expressly denied in this or any other matter.

July 18, 2008.

Dan Butler,
Board Member

Appendix A

Canada Revenue Agency Union Address File (UAF) DRAFT

Appendix B

Message to Employees in Bargaining Units Represented by the Professional Institute of the Public Service of Canada (PIPSC)

With the introduction of the Public Service Labour Relations Act, bargaining agents who conduct strike votes must now permit all employees in the bargaining unit to participate in those votes, not merely members of the union in good standing, as was previously the case.

In order for the PIPSC to comply with its obligations under the PSLRA to give proper notice of strike votes to all employees, and also to fulfill its other duties in accordance with the PSLRA, it is necessary that the employer disclose to the PIPSC the home contact information for all employees in the bargaining unit.

The provision of this information is governed by an order of the Public Service Labour Relations Board, which is attached. The information provided to the PIPSC will be used for the legitimate purposes of the union and its security is to be carefully maintained. The PSLRB order sets out the privacy and security safeguards to which your information will be subject.

To this end, it is in every employee’s interest that their contact information be kept up to date with their bargaining agent. You are therefore encouraged to submit your current contact information to the PIPSC and to advise your union of any changes to that information that may occur in the future.

You can provide your contact information via the PIPSC website at http://www3.pipsc.ca/portal/page/portal/website/memberservices/membership or by communicating with the PIPSC at 1-800-267-0446.

Thank you for your attention and cooperation. Should you have any questions arising from this message, please do not hesitate to communicate with the PIPSC at the above number.