Your right to wear union buttons in the workplace

If the employer challenges your right to wear union buttons in the workplace, here is a summary of the leading decision by the Public Service Staff Relations Board on the topic. Contact your nearest CEIU union office if you need further information.

BODKIN & 26 others 166-2-18108 to 18116
18183 to 18188, 18190,
18209 to 18217, 18242,
and 18243

DISCRIMINATION – UNION ACTIVITY, UNION BUTTONS (WEARING OF)/INTERPRETATION “ACTIVITY IN THE UNION”

Decision deals with two sets of hearing in Prince George and the other dealing with various locations but held in Vancouver. The grievance was against management’s order to various union members to remove the “Strike Alert” button produce by the Alliance for the 1988 round of negociation. The union position was that the order contravened the no discrimination clause (M16) of the Master Agreement as the wearing of the button was a legitimate activity in the union. The Employer argued that the content of the button was provocative and confrontational and that it is management’s right to regulate the use of its time and place. Adjudicator Galipeau allowed the grievance finding that the actual wearing did not take up any of the employer’s time or space, that it was a legitimate activity in the union during working hours but that one had to consider the statement it bears. She found that the words of the statement “I’m on strike alert” “do not in any way impinge on the employer’s authority, nor can they be qualified as damaging to the employer’s reputation”. The Adjudicator disagreed with the Quan (166-2-18189) decision about almost identical facts.

(Master)
GRIEVANCE ALLOWED
May 25, 1989 GALIPEAU, Marguerite-Marie

An application to the Federal Court of Canada by the Employer under Section 28 of the Federal Court Act to have the Board’s decision set aside is dismissed. (Court file A-293-89)

Note: the Quan’s decision has been appealed by the Union and the appeal was allowed. (Court file A-140-89)