FPSLREB Decisions

Policy grievance - Section 99 of the Public Service Staff Relations Act - Bargaining agent's right to post notices in the workplace - a provision of the collective agreement granted the right to the bargaining agent to post notices in the workplace - with one exception, the bargaining agent was required to obtain the prior approval of the employer for the posting of notices, which approval should not be unreasonably withheld - the employer could refuse permission for the posting of a notice which it could reasonably consider to be adverse to its interests - the employer's approval was not required for the posting of notices relating to the business affairs of the bargaining agent, including the names of bargaining unit representatives, and social and recreational events - the bargaining agent filed three references under section 99 alleging that it was denied approval to post notices on bulletin boards in the workplace - these notices dealt with the status of negotiations which the bargaining agent alleged related to its business affairs and therefore could be posted without the employer's prior approval - in fact, for most of these notices, the bargaining agent had not requested the employer's approval prior to their posting - the Board determined that giving a broad interpretation to the words "business affairs" would render meaningless the general rule contained in the collective agreement to the effect that the posting of notices shall require the prior approval of the employer - clearly, the intention of the parties was that notices relating to the internal affairs of the bargaining agent would not require the prior approval of the employer - accordingly, the Board held that none of the notices in question related to the business affairs of the bargaining agent - therefore, the bargaining agent was required to obtain the approval of the employer prior to posting them - as the bargaining agent had not submitted most of these notices to the employer prior to their posting, it was not possible for the Board to determine whether the employer's approval had been unreasonably withheld - in relation to two notices for which the prior approval of the employer had been sought, the Board concluded that the employer had not acted reasonably when it denied the bargaining agent permission to post the notices whose contents were of a relatively innocuous nature. Two grievances allowed in part. One grievance denied. Cases cited:Canadian Air Traffic Control Association v. Treasury Board (169-2-396); Canadian Union of Postal Workers v. Treasury Board (169-2-159 and 60); Re FBI Brands Ltd and United Food & Commercial Workers, Local 1230 (1987), 29 L.A.C. (3d) 189; Re Metropolitan Authority and Amalgamated Transit Union, Local 508 (1972), 27 L.A.C. (4th) 36.