FPSLREB Decisions

The Professional Institute of the Public Service of Canada (“PIPSC”) wanted to use the Canada Revenue Agency’s (“CRA”) work email system or intranet to send a notice of an annual general meeting of one of its sub-groups. The CRA did not give its permission, which PIPSC claimed violated the “Use of Employer Facilities” article of the collective agreement. The Board concluded that PIPSC was not entitled to use the CRA’s email system to send notices to its members. A bargaining agent has no right to use the employer’s email system for union business, unless it has negotiated clear language in the collective agreement permitting it. In the “Use of Employer Facilities” article, PIPSC had not negotiated that language. Even though CRA managers had permitted PIPSC to send emails about annual general meetings, it did not prevent the CRA from refusing to allow it any longer. The Board also concluded that the CRA’s intranet was not an “electronic bulletin board” for the purposes of the collective agreement. While the plain meaning of “electronic bulletin board” could include an intranet, when the term is read in context with the rest of the relevant collective agreement article and the broader legal context behind using an employer’s electronic facilities, it did not grant PIPSC the right to post a notice on the CRA’s intranet.

Grievances denied.