FPSLREB Decisions

Unfair labour practice - Complaints under paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging failure to observe the prohibitions contained in subparagraphs 8(2)(c)(i) and (ii) thereof - Intimidation against members of an employee organization - Jurisdiction - Application for leave to amend the complaints to allege failure to observe the prohibitions contained in section 10 of the PSSRA - the complainants filed complaints against the Public Service Alliance of Canada (PSAC) and the Union of Solicitor General Employees (USGE) - they alleged that the PSAC and the USGE had not observed the prohibitions contained in subparagraphs 8(2)(c)(i) and (ii) of the Act - the complainants were correctional officers with the Correctional Service of Canada and members of the Correctional Services Group (CX) bargaining unit that was represented by the PSAC - the USGE was the authorized PSAC component for correctional officers - a PSAC representative suggested to the complainants that if they did not sign new membership cards they would no longer be able to participate in Alliance affairs - at that time a rival employee organization, the UNION OF CANADIAN CORRECTIONAL OFFICERS - SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA - CSN, was attempting to become the bargaining agent for the bargaining unit - the PSAC and the USGE objected to the Board's jurisdiction to hear the complaints - they alleged that the prohibitions contained in subparagraphs 8(2)(c)(i) and (ii) of the PSSRA apply to an employer, not an employee organization - the complainants did not respond to that objection but requested leave to amend their complaints to allege failure to observe the prohibitions contained in section 10 of the PSSRA - the PSAC and the USGE objected to that amendment because it altered the nature of the complaints - the Board dismissed the complainants' application to amend their complaints because subparagraphs 8(2)(c)(i) and (ii) and section 10 of the PSSRA apply to different persons and circumstances - the Board commented on the fact that the request for amendment had been submitted 18 months after the complaints had been filed - the Board addressed the issue of whether the prohibitions contained in 8(2)(c)(i) and (ii) of the Act apply to an employee organization and responded that they did not. Complaints dismissed. Cases cited: Lai v. Professional Institute of the Public Service of Canada, 2000 PSSRB 79 (161-34-1128); Tucci v. Professional Institute of the Public Service of Canada, 2000 PSSRB 80 (161-34-1129); Martel v. Veley, 2000 PSSRB 89 (161-2-1126); Godin v. Public Service Alliance of Canada (Union of Solicitor General Employees) , 2001 PSSRB 16 (161-2-1121).