Dealing with intimidation on the picket line

The Public Service Staff Relations Act (PSSRA) protects your right to participate in the lawful activities of the union. It also protects you against intimidation and threats. Details of this protection are provided below.

Keep copies of this Notice on the picket line. This Notice is to be used as a tool by the union to gather information related to possible violations of the PSSRA by the employer and your way of informing the employer that their behaviour is not appropriate and will not be tolerated.

If you find yourself facing intimidation or other illegal action by any representative of the employer, you can use this Notice to help defend yourself. Complete three copies, and

• give one copy (by hand or fax) to the individual who took the action against you;
• send one copy by fax to the Public Service Alliance of Canada (Attention: Shannon Blatt) at 613.563.3492;
• retain one copy for your records.

If you have questions about the use of the form, speak with your picket captain.

Public Service Staff Relations Act

BASIC RIGHTS AND PROHIBITIONS

Rights

6. Every employee may be a member of an employee organization and may participate in the lawful activities of the employee organization of which the employee is a member.

Prohibitions

8. (1) No person who occupies a managerial or confidential position, whether or not the person is acting on behalf of the employer, shall participate in or interfere with the formation or administration of an employee organization or the representation of employees by such an organization.

(2) Subject to subsection (3), no person shall

(a) refuse to employ, to continue to employ, or otherwise discriminate against any person in regard to employment or to any term or condition of employment, because the person is a member of an employee organization or was or is exercising any right under this Act;

(b) impose any condition on an appointment or in a contract of employment, or propose the imposition of any condition on an appointment or in a contract of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Act; or

(c) seek by intimidation, threat of dismissal or any other kind of threat, by the imposition of a pecuniary or any other penalty or by any other means to compel an employee

(i) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be a member of an employee organization, or

(ii) to refrain from exercising any other right under this Act.

(3) No person shall be deemed to have contravened subsection (2) by reason of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position.