FPSLREB Decisions

Unfair labour practice - Complaint under paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) - Violation of sections 8 and 9 of the PSSRA - Standing - the complainant filed a complaint under section 23 of the PSSRA against the respondent, an employer representative, alleging interference in the representation the complainant would have liked to have received from his bargaining agent during a disciplinary investigation - the complaint was also directed at the disciplinary action resulting from that investigation - the complainant alleged that a representative of his bargaining agent was not allowed to speak on his behalf at the disciplinary investigation - however, the complainant's bargaining agent was allowed to make representations on the complainant's behalf at the meeting where discipline was imposed - before the hearing, the employer announced its position that the complainant did not have standing to file his complaint - the employer submitted that only a bargaining agent could file a complaint against the employer's interference with the bargaining agent's representation of an employee - the Board concluded that, in light of sections 8, 9 and 23 of the PSSRA, the complainant had no standing to file his complaint. Complaint dismissed.