Bracciale v. Public Service Alliance of Canada (Union of Taxation Employees, Local 00048)

Full Text

161-34-1130 (2000 PSSRB 88)
Bracciale, Henderson-Jones and Rennett and Public Service Alliance of Canada (Union of Taxation Employees, Local 00048)

Before: Y. Tarte
Appearances: Bracciale, Henderson-Jones, Rennett, for the Complainants; C. La Bissonnière, for the Respondent
Decision rendered: September 27, 2000

Unfair labour practice – Complaint under paragraph 23(1)(a) of the Public Service Staff Relations Act (PSSRA) alleging a violation of subsection 10(2) thereof – Duty of fair representation – Jurisdiction - the complainants filed a complaint against the Public Service Alliance of Canada (PSAC) – they alleged that their bargaining agent had failed to observe the prohibitions contained in subsection 10(2) of the PSSRA – the complainants belonged to a bargaining unit represented by the PSAC – they complained to the national president of their bargaining unit and the PSAC about irregularities relating to the election of their bargaining unit local's executive council and the day-to-day operations of their bargaining unit's local – they were considered, by their bargaining unit's local, to have posted a copy of their complaint in the workplace – their bargaining unit's local decided that they be investigated for a possible violation of its by-laws – the resolution requesting that the complainants be investigated had been posted in the workplace – the PSAC objected to the Board's jurisdiction to hear the complaint – it argued that the matters which formed the subject of the complaint were internal union matters – it added that subsection 10(2) of the PSSRA provides for a duty of fair representation due to employees in their dealings with the employer – the Board addressed the issue whether the prohibitions contained in subsection 10(2) of the PSSRA apply to the relationship between a bargaining agent and an employee in a bargaining unit it represents – the Board found that subsection 10(2) of the PSSRA is intended to apply to disputes relating directly to the employment relationship.

Complaint dismissed.

Cases cited:

St-James v. Public Service Alliance of Canada (100-1); Shore v. Bean (161-2-732); Hornstead v. Public Service Alliance of Canada (161-2-739); Tucci v. Hindle (161-2-840); Kilby v. Public Service Alliance of Canada (161-2-808, 150-2-44); Forsen v. Bean (148-2-209).