Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency)

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2012 PSLRB 58
Before: Stephan J. Bertrand
Decision Rendered: May 11, 2012
Original Language: English

Complaint under paragraph190(1)(g) of the Public Service Labour Relations Act (“the Act”) alleging a violation of paragraphs186(1)(a) and (b) – Unfair labour practice –Interference with the administration of an employee organization – Interference in the representation of employees by an employee organization – Union activity – Facilities for union business – Workplace – Access during working hours to discuss collective bargaining issues with employees in the bargaining unit – Customs officer – Legislative purposes of the Act stated in its preamble – Border Services Group bargaining unit

A negotiator of the bargaining agent requested access to work sites during working hours to meet with employees in the bargaining unit to discuss collective bargaining issues – the employer denied access for that purpose – the Board found that the collective agreement is not a complete code of access to the employer’s premises – the employer’s discretion to refuse the bargaining agent the use of its facilities for purposes other than those set out in the collective agreement should not be absolute – the employer did not have compelling and justifiable business reasons for preventing a lawful activity of the bargaining agent in the workplace – the employer’s denial ran contrary to the Act, particularly when the legislative purposes expressly stated in its preamble are considered.

Complaint allowed.