Czmola, Feldsted, Fabris and Llewellyn and Public Service Alliance of Canada

Full Text

150-2-45, 46, 47, 48
Czmola, Feldsted, Fabris and Llewellyn and Public Service Alliance of Canada

Before: Y. Tarte
Appearances: Feldsted, for the Applicants, D. Dagger, for the Respondent
Decision rendered: April 29, 1999

Applications for revocation of certification – Subsection 43(2) of the Public Service Staff Relations Act (PSSRA) – Correctional Group bargaining units – applications made on the ground that the bargaining agent had violated subsection 40(1) of the PSSRA, that is that it had allowed employer participation in its affairs, thus rendering it unfit to represent the employees in the bargaining unit – the applicants alleged that a member of the bargaining unit, while occupying positions included in the definition of "managerial or confidential position" contained in the PSSRA, served as Regional Vice-President with the Union of Solicitor General Employees – the parties agreed that the supervisory positions held by the said member had not been identified by the employer as managerial or confidential positions, that the said member continued to be a dues-paying member of the bargaining agent and that her substantive position had been and continued to be unionized – the bargaining agent objected to the Board's jurisdiction to hear the matter, arguing that the applicants were raising internal union matters which should not be the basis for a section 43 application – the Board found that two criteria must be met for a section 43 application to succeed, that is 1) that there be evidence that the employer or its agent has participated in the administration of the employee organization; and 2) that there be evidence that that participation be of such a nature as to impair the bargaining agent's fitness to represent the interests of employees in the bargaining unit – the Board found that the applicants had not met the first criterion – the Board referred to Czmola et al. [161-2-938, 939, 942 and 953; (1999) 35 PSSRB Decisions 21 Feldsted et al. [161-2-944, 947 and 954; (1999) 35 PSSRB Decisions 22 and Feldsted et al. [161-2-945, 946 and 955; (1999) 35 PSSRB Decisions 23 in which it had found that the said member had not and did not occupy managerial or confidential positions.

Applications dismissed.

Cases cited:	Czmola et al. (161-2-938, 939, 942 and 953); Feldsted et al. (161-2-944, 947 and 954); Feldsted et al. (161-2-945, 946 and 955).