PUBLIC SERVICE |
Labour Relations |
Union of Canadian Correctional Officers-- Syndicat des agents correctionnels du Canada (UCCO-SACC-CSN) v. Canada (Treasury Board)
A-384-04, A-386-04
2005 FCA 331, Pelletier, J.A.
14/10/05
16 pp.
Judicial review of decision by Public Service Staff Relations Board ([2004] C.P.S.S.R.B. No. 66; 2004 PSSRB 71 (QL)) which, following complaint to effect Treasury Board (Board) interfered in affairs of Union of Canadian Correctional Officers (Union) contrary to Public Service Staff Relations Act, s. 8, held that Board interfered but in only one of the alleged incidents--PSSRB did not address preliminary objection raised by Board to effect that individuals, rather than Board, should have been named as respondents--Union bargaining agent for employees of Correctional Service group--Group of dissenting members within Union trying to displace Union in favour of National Association of Federal Corrections Officers--Dissenting members communicated by e-mail with Union members on issue in dispute at negotiating table (i.e. improvement of pension plan)--Specifically, sent Union members reply received from Director of Correctional Service Canada (CSC)--Union filed complaint with PSSRB on grounds above communication interference in its affairs--Also complained of discriminatory policy in use of CSC e-mail, and sanctions CSC threatened to impose on members of emergency teams refusing to intervene during incidents--Board submitted complaint deficient because named Board as respondent when alleged violations (found in Act, s. 8) contemplate individuals--PSSRB dismissed complaint regarding communication and discriminatory policy --Also determined emergency and safety of establishment justified policy adopted by CSC regarding emergency teams--However, absence of these factors in case of former trainers such that interference in Union activities with respect to former trainers--Union (A-384-04) and Board (A-386-04) asked for judicial review of decision--Prohibition of interference found in Act, s. 8 not addressed to employer as such--Act defines employer, specifying employer as Her Majesty in right of Canada, represented in case at bar by Board--S. 8 addresses "[any] person who occupies a managerial or confidential position"--Issues in case at bar: (1) whether Board can occupy managerial or confidential position, (2) if others occupied in such position--Must understand "position" in ordinary sense of word in labour relations--Fact Board implicated in management of public service not leading to conclusion that occupies managerial, confidential position--Board cannot be found at fault for violating prohibitions of Act, s. 8, only individuals--In case at bar, alleged acts carried out by CSC managers in managerial positions--By identifying physical person as respondent, particulars can be provided regarding acts alleged, enabling Board to verify merits of allegations and PSSRB to decide truthfulness--PSSRB's decision regarding Board's interference inconsistent with above finding regarding meaning of Act and is unreasonable--With respect to list filed by Union with names of persons carrying out Board's alleged acts, evidence not able to assign specific acts to authors-- PSSRB could therefore not make finding of fault against those persons--As for PSSRB's determination regarding communi-cation between Board and Union members, mixed question of fact and law not enabling Court to intervene-- Issue of discri-minatory treatment one of fact and not patently unreasonable --Application A-384-04 dismissed; application A-386-04 allowed--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 8 (as am. by S.C. 1992, c. 54, s. 34(E)).