FPSLREB Decisions

Unfair labour practice - Complaints based on paragraph 13(1)(a) of the Parliamentary Employment and Staff Relations Act (PESRA) alleging a violation of subsection 6(1) and paragraph 6(2)(c) thereof - Interference with the administration of an employee organization - Intimidation of members of an employee organization - Access to the employer's premises for employee organization business - Use of a cellular phone for employee organization business - the complainant was employed in the Transportation Services Section, House of Commons - his duties included driving several types of vehicles, including minibuses for transporting Members of Parliament and other officials between buildings - to this end, he was required to operate a two-way radio during daytime and a cellular phone at night time - the complainant was also the president of his bargaining unit local - to this end, he was carrying a separate cellular phone - the employer had requested that the complainant, while driving, not place phone calls in his capacity of bargaining agent representative - it had also requested the complainant to keep incoming calls relating to employee organization business to a length of less than three minutes - the employer provides the employee organization with an office to conduct the latter's business - the employer imposed a two-day suspension on the complainant, accompanied by a prohibition to access the employer's premises during that time, for having used his cellular phone without authorization while driving a minibus - the complainant alleged that the employer prevented him to conduct employee organization business by restricting access to the office put at his disposal and by limiting the use of his cellular phone - he argued that the employer showed bad faith, because it was requiring drivers to use two-way radios and cellular phones - the employer responded that the complainant's use of his cellular phone constituted a safety issue - it added that its directive that drivers use cellular phones at night time constituted a lesser risk, as there is less traffic then - the Board found that the employer's prohibition that the complainant access the office for employee organization business during the length of the suspension constituted a breach of its obligation under subsection 6(1) of the PESRA - however, its prohibition to use a cellular phone, while driving, for employee organization business was not - no evidence was adduced to establish a breach of paragraph 6(2)(c) of the PESRA. One complaint allowed in part. One complaint dismissed. Case cited:Fairall v. McGregor et al. (161-2-368).