2010 PSLRB 125 (CanLII)
Public Service Labour Relations Board — Canada (Federal)
grievor — illegal strike — discipline — union — website
The grievor was disciplined for making statements that the deputy head viewed as counseling or procuring an illegal work stoppage at the Pearson Airport, contrary to the Public Service Labour Relations Act. Among his arguments, the grievor submitted that imposing discipline was contrary to his freedom of association under the Charter. The adjudicator held that the freedom of association governs legitimate activities of union officials and does not apply to activities that are allegedly illegal or contrary to statute. The adjudicator noted that the Charter protects employees from discipline that singles out people for having exercised rights under the Act. In this case, the employer alleged that the grievor was acting contrary to the PSLRA and that he was not exercising his rights under it. The grievance was dismissed.