FPSLREB Decisions

Decision Information

International Brotherhood of Electrical Workers, Local 2228 v. Treasury Board

Collection FPSLREB Decisions
Decision Rendered 2014-02-21
Citation 2014 PSLRB 20
File Number 561-02-626
Before Kate Rogers
Decision Type Labour Relations
Subject Terms Bargaining agent
Complaint
Representation
Unfair labour practice
Keywords Unfair labour practice complaint made under section 190 of the Public Service Labour Relations Act - Joint request for a consent order - Memorandum of agreement addressing the communication of employee home contact information to bargaining agent - Privacy rights of employees
Original Language English
Summary:

The International Brotherhood of Electrical Workers, Local 2228, filed an unfair labour practice complaint against the Treasury Board, alleging that the respondent had committed an unfair labour practice by refusing to provide contact information for employees in the EL bargaining unit - the parties resolved the complaint through mediation and negotiated a settlement - the parties jointly applied to the Board to endorse the terms of the settlement by incorporating them in an order of the Board - given the Supreme Court of Canada’s decision in Bernard v. Canada (Attorney General), 2014 SCC 13, the Board granted the application and issued a consent order identical to that issued in Professional Institute of the Public Service of Canada v. Canada Revenue Agency, 2011 PSLRB 34. Consent order issued.

Decision Content



Public Service  Labour Relations Act

Coat of Arms - Armoiries
  • Date:  2014-02-21
  • File:  561-02-626
  • Citation:  2014 PSLRB 20

Before a panel of the Public Service Labour Relations Board

BETWEEN

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 2228

Complainant

and

TREASURY BOARD

Respondent

Indexed as
International Brotherhood of Electrical Workers, Local 2228 v. Treasury Board


In the matter of a complaint made under section 190 of the Public Service Labour Relations Act


Before:
Kate Rogers, a panel of the Public Service Labour Relations Board
For the Complainant:
Paul Cameron, International Brotherhood of Electrical Workers, Local 2228
For the Respondent:
Catherine Birch, Treasury Board
Decided on the basis of written submissions, filed December 17, 2013.

REASONS FOR DECISION

Complaint before the Board

1 On May 30, 2013, the International Brotherhood of Electrical Workers, Local 2228 (“the complainant” or IBEW), filed a complaint against the Treasury Board (“the respondent”) under paragraph 190(1)(g) of the Public Service Labour Relations Act (PSLRA). The complainant alleged that the respondent committed an unfair labour practice within the meaning of section 185 of the PSLRA by refusing to provide contact information for employees in the EL bargaining unit, for which the complainant was the certified bargaining agent.

2 The parties resolved the complaint through mediation and jointly requested that the Public Service Labour Relations Board (“the Board” or PSLRB) endorse the terms of settlement by incorporating them into an order of the Board.

3 The terms of settlement agreed to by the parties in this complaint are identical to those ordered in Professional Institute of the Public Service of Canada v. Canada Revenue Agency, 2011 PSLRB 34, which was reviewed and upheld by the Supreme Court of Canada in Bernard v. Canada (Attorney General),2014 SCC 13, affirming 2012 FCA 92. Those decisions reviewed the privacy and other issues raised by an individual employee in the bargaining unit about the terms of settlement and concluded that the order issued by the Board was reasonable.

4 Given the decision in Bernard, I can see no bar to incorporating the terms of settlement reached by the parties in this matter into an order of the Board.

5 The order, on consent, is as follows:

Order

6 The employer will:

  1. on a quarterly basis, disclose to the IBEW the home mailing addresses and home telephone numbers of its employees belonging to the EL bargaining unit that the employer possesses in its human resources information systems.
  2. provide the data in a flat file comma delimited format specified in Appendix A;
  3. 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. Any questions concerning the disclosure will be directed to the bargaining agent. The joint message is attached to this agreement as Appendix B.
  4. Home contact information transmitted from the employer shall be password protected or encrypted to ensure its safe transmission;
  5. Subsequent to initial appointment to a position in the bargaining unit represented by the IBEW, an employee shall be notified by the employer that his or her home contact information will be shared with the bargaining agent.

7 The bargaining agent will:

  1. Withdraw complaint 561-02-626 upon the issuance of a PSLRB order;
  2. ensure that the disclosed information is used solely for the legitimate purposes of the bargaining agent in accordance with the PSLRA;
  3. ensure that the disclosed information will be securely stored and protected;
  4. respect the privacy rights of the employees in the bargaining unit;
  5. 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 with the 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;
  6. for the sake of clarity, the bargaining agent shall among other things:
    1. not disclose the personal information to anyone other than the 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/pol/doc-eng.aspx?id=16578&section=text 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.
  7. 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 in serious 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;
  8. recognize that the information provided from the employer’s databases in place at the time of disclosure was provided by employees. The bargaining agent is responsible for updating its own database.
  9. Home contact information provided by the employer shall be appropriately disposed of after it has been replaced by current home contact information.

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

February 21, 2014.

Kate Rogers,
a panel of the Public Service
Labour Relations Board

APPENDIX A

Union Address File (UAF) DRAFT

Person:

  

To PWGSC

To Union

PRI (9)
PCIS # 63

Num (9)

Y

N

IAN (9)

Num (9)

N

Y

Person Name

      

Mixed Char (3)
PCIS #65

Initials

Y

Y

Mixed Char (20)
PCIS #64

Family Name

Y

Y

Person Address *

      

Mixed Char (55)

Home Address Line (1) *

Y

Y

Mixed Char (55)

Home Address Line (2) *

Y

Y

Mixed Char (55)

Home Address Line (3) *

Y

Y

Mixed Char (55)

Home Address Line (4) *

Y

Y

Mixed Char (30)

Municipality/City Name *

Y

Y

Mixed Char (30)

Province / Territory *

Y

Y

Mixed Char (30)

Country *

Y

Y

Mixed Char (10)

Postal Code *

Y

Y

Person Telephone *

      

Num (3) *

International Country Code *

Y

Y

Num (3) *

Area City Code *

Y

Y

Num (7) *

Subscriber Number *

Y

Y
       

Example

* indicates new fields to be added to PCIS and to be filled where the information is available in HR systems.

  

888888888,hl,garson, 123 somewhere lane,
around the corner,,,
ottawa, canada,
e8n4e6,011,613,
9999999

Rules:

1. When producing an extract for any bargaining agent the PCIS field #91 (BARG) must equal that agent's code.
2. The PCIS filed # 55 (EXCL) must be blank
3. The PRI must be converted to the bargaining agents IAN before sending to the bargaining agent.

APPENDIX B

Message to Employees in Bargaining Unit Represented by the International Brotherhood of Electrical Workers (IBEW)

In order for the IBEW to comply with its obligations under the Public Service Labour Relations Act, the employer must disclose the home addresses and telephone numbers for all employees in the bargaining unit to their bargaining agent. This information is to be used solely for legitimate union purposes under the Act.

The process and requirements in handling the information is governed by an order of the Public Service Labour Relations Board, which also sets out the privacy and security safeguards of the information.

It is in every employee’s interest to proactively provide IBEW with his or her current contact information and to advise the union of any changes that may occur in the future. To do so or to obtain more information, employees can communicate with IBEW by telephone at 613-725-3608 or toll-free at 1-800-267-4163 or via its website at http://www.ibew-fioe2228.ca/.

Employees can also consult Frequently Asked Questions on the Treasury Board of Canada Secretariat’s website.

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