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161-2-791 and 169-2-584
Public Service Alliance of Canada and Treasury Board, P.V. Harder and Public Service Commission, R. Hubbard
Before: I. Deans, M. Korngold Wexler and Y. Tarte
Appearances: A. Raven, for the Complainant/Bargaining Agent; H. Newman and J. Climie, for the Respondents/Employer
Decision rendered: April 26, 1996
Unfair labour practice - Complaint under paragraph 23(1)(a) of the Public Service Staff Relations Act - Subsection 8(1) of the Act - Interference in representation of employees - Policy grievance - Section 99 of the Act - Privacy Act - bargaining agent alleged that respondents had interfered in its representation of employees contrary to section 8 of the Act and the Workforce Adjustment Directive, which forms part of the Master Agreement between the bargaining agent and the employer, by their refusal to provide the bargaining agent with the names and addresses of employees who might be subject to layoff - respondents alleged that they were precluded from doing so by the Privacy Act without the prior consent of the employees concerned - complaint was dismissed in relation to the Public Service Commission and Ms. Hubbard as no evidence was adduced in relation to them - evidence established that employer and bargaining agent entered into an Agreement in Principle which established a regime for comanagement of the downsizing process as it affected employees - committees set up under the Agreement were unable to fulfill their obligations without knowing the names and addresses of affected employees - Board concluded that, in failing to provide the requested information to the bargaining agent, the Secretary of the Treasury Board was interfering in the representation of employees by the bargaining agent contrary to subsection 8(1) of the Act - the release of such information to the bargaining agent would not violate the provisions of the Privacy Act as this was a use which was consistent with the purpose for which the information had been obtained - Board ordered Secretary of the Treasury Board to provide the information requested to the bargaining agent - in light of this determination, the Board saw no need to decide the issues raised by the bargaining agent in its reference under section 99 of the Act.
Complaint allowed against Secretary of the Treasury Board;
Complaint dismissed against remaining respondents.
Cases cited: Labourers' International Union of North America, Local 1059) v. C0Fo Concrete Forming Construction Limited 1987 OLRB Rep. October 1213; Forintek Canada Corp. And Jacques Carette and Public Service Alliance of Canada (1986), 14 CLRBR (NS) (OLRB); Société canadienne des postes et Syndicat canadien des postiers (Bergeron) (unreported); Plaza Fibreglas Manufacturing Ltd. And U.S.W.A. (1990), 6 CLRBR (2d) 174 (OLRB); F.W. Woolworth Co. And U.F.C.W., Local 1400 (1994), 22 CLRBR 123 (Sask. L.R.B.).