The bargaining agent filed a section 23 complaint, alleging that the employer had interfered with the administration of the employee organization and had used threats and reprisals and abused its rights towards employees who were also members of the institutional emergency response teams -- the employer raised a preliminary objection, arguing that the complaint had named Treasury Board as the respondent rather than an individual, and that the complaint therefore had to be dismissed under section 8 of the Act -- in rendering its decision and partially allowing the complaint, the Public Service Staff Relations Board did not address the issue raised in the preliminary objection -- the respondent successfully sought judicial review -- the Court held that the Board should have addressed the issue and that had it done so, it would have had no choice but to reject the complaint -- the Court returned the complaint to the Board member who had rendered the initial decision – the Board renders second decision dismissing the complaint.

Complaint dismissed.