FPSLREB Decisions

Unfair labour practices - Complaints under paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) - Violation of subsections 8(1) and 10(2) of the PSSRA - Standing - Jurisdiction - the complainants filed complaints under section 23 of the PSSRA against the bargaining agent and the employee organization, alleging that they had allowed an employer representative to hold membership in the union and to participate in union activities - the parties agreed that the said employee held supervisory positions with the employer, that the supervisory positions held by the said employee had not been identified by the Board as managerial or confidential positions, that she continued to be a dues-paying member of the bargaining agent and that her substantive position had been and continued to be unionized - the respondents objected that the complainants did not have standing to file the complaint, arguing that this right was strictly limited to bargaining agents or their representatives - the respondents also objected to the complaints on the basis that the employee was not occupying a managerial or confidential position - the respondents also objected to the Board jurisdiction to hear the allegation of a breach of subsection 10(2) of the PSSRA, since the matters raised by the complainants did not deal with issues of representation and since the Board has no authority to regulate the internal affairs of an employee organization - the Board found that only an employee organization or a person acting on its behalf has the statutory authority to bring a complaint alleging employer interference in the affairs of the employee organization - the Board added that, for the purpose of a section 23 complaint, the person occupying a managerial of confidential position referred to in subsection 8(1) of the PSSRA can only be a person whose position has either been determined by the Board, pursuant to sections 5,1, 5.2 or 5.3 of the PSSRA, or agreed by the parties to be a managerial or confidential position - the Board further found that it has no jurisdiction to oversee or regulate the internal activities of an employee organization. Complaints dismissed. Case cited: Reekie (161-2-855).