Professional Institute of the Public Service of Canada v. Canada Revenue Agency

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2008 PSLRB 58
Before: Dan Butler
Decision Rendered: July 18, 2008
Original Language: English
An application for judicial review before the Federal Court of Appeal has been allowed (2010 FCA 40) (Court file: A-625-08).
Complaint under section 190 of the Public Service Labour Relations Act (PSLRA) – employer refusal to provide bargaining agent with employee contact information – interim decision held that refusal constituted unfair labour practice – duty to bargain in good faith – interference in the representation of employees – Board setting out agreement of parties regarding modalities on the implementation of the Board’s decision

The bargaining agent had filed a complaint alleging a failure on the part of the employer to comply with the duty to bargain in good faith – the Board held, in Professional Institute of the Public Service of Canada v. Treasury Board and Canada Revenue Agency, 2008 PSLRB 13, that the jurisprudence of labour tribunals in other major jurisdictions and the former Public Service Staff Relations Board held that an employer’s failure to provide employee contact information to a bargaining agent does constitute the type of interference in a bargaining agent’s representation of employees that paragraph 186(1)(a) of the PSLRA was intended to prevent – the Board ordered that a hearing be convened to consider further submissions on the remedy issues and to consider concerns that the parties raised in their submissions – at the hearing, the parties reached an agreement, and by letters to the Board following that hearing, they requested that the terms of that agreement be incorporated into an order of the Board – the Board agreed and, in decision 2008 PSLRB 58, set out the specific obligations of the employer and the bargaining agent with respect to the implementation of its interim decision.

Order completed.