The complainant, in the context of an organizing campaign, sent campaign information to correctional officers at their work address -- the employer returned the mail to sender -- the complainant alleged that this constituted interference with the formation of an employee organization, in violation of paragraph 186(1)(a) of the PSLRA and alleged that it constituted discrimination against an employee organization contrary to paragraph 186(1)(b) of the PSLRA -- given the urgency of the issue, the Public Service Labour Relations Board (PSLRB) heard the application on an expedited basis and agreed to issue an interim decision, pending the issuance of the PSLRB’s final decision on the complaint -- refusal to deliver the complainant’s mail can, in isolation, be characterized as interference in the formation of an employee organization however, the refusal does not comprise a violation of the PSLRA because the respondent could reasonably believe that the activity in question represents an attempt by the employee organization to persuade employees on the employer’s premises, during normal working hours, to become a member of an employee organization -- this is an activity which, without the consent of the employer, is prohibited under paragraph 186(1)(a) of the PSLRA -- evidence did not disclose that the actions of the respondent represented discrimination against an employee organization within the meaning of paragraph 186(1)(b) of the PSLRA.

Complaint dismissed.