Pension petition campaign
Pension campaign gag order goes to arbitration
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PSAC will go to arbitration over a Treasury Board directive to managers aimed at silencing the union's pension campaign.
The Feb. 26, 2010 directive told managers:
- all requests to post petition sheets should be denied;
- all requests to distribute petitions via the Employer’s electronic networks should be denied;
- other than the actual petition, requests to post literature, such as general information on pensions, should not be unreasonably denied;
- the wearing of stickers should be permitted as long as the employee is not directly serving the public;
- the placing of stickers on the Employer’s property or equipment should not be permitted.
On March 10, 2010 the PSAC filed a policy grievance against the directive.
Management believes that the Use of Employer Facilities rules in many collective agreements gave them the right to issue the directive because the union’s Hands off our pension campaign was "adverse to the employer’s interests."
PSAC believes the directive is:
- censorship and an outright violation of its freedom of expression and association.
- contrary to the Use of Employer Facilities and the No Discrimination provisions contained in many collective agreements
- interference with legitimitate activities of the union and its members.
As corrective action, the PSAC asks the labour board to:
- Declare that the Directive contravenes the Use of Employer Provisions;
- Declare that the Directive is discriminatory;
- Order the Treasury Board and the Departments to comply with the Collective Agreement and, in so doing, address any and all of the institutional and individual impacts of its discriminatory, arbitrary or unreasonable conduct; and
- Such other relief as the PSAC may request and the Board may allow.
Grievances pass through preliminary stages where the union makes its case to management in a bid to have them reconsider.
On April 20, 2010 the PSAC attended a final level grievance hearing with Hélène Laurendeau, Assistant Deputy Minister, Compensation and Labour Relations, Treasury Board Secretariat.
The union argued:
- Aribitrators have consistently ruled that employers must have legitimate reasons and objective facts to justify preventing union members in contact with the public from distributing or wearing buttons or stickers, or soliciting other employees or distributing literature on company premises during off-duty hours.
- The Employer has not provided any explanation as to how the campaigning activities are adverse to the employer’s interests.
On May 31, 2010 Ms. Laurendeau denied the grievance.
On June 7, 2010 the PSAC referred the Policy Grievance to adjudication with the Public Service Labour Relations Board.
We are waiting for a hearing date from the PSLRB.
In solidarity
John Gordon
PSAC National President
Date Modified : 2010/07/13
