August 12, 2008
Union Wins a Victory for Free Speech
John King 30 Day Suspension Overturned
The PSAC has won an important victory and has successfully defended the right of Union activists to speak out publicly and critically on Government policies and practices.
In his comprehensive decision, Public Service Labour Relations Board Adjudicator Dan Butler reversed a 30 days suspension that the Canada Border Services Agency had tried to use to silence John King, at that time a CEUDA 1st Vice-President, after he wrote a letter to Tom Ridge, Secretary for Homeland Security in the United States, that was critical of CBSA's use of force training of Border Service Officers, its use of students and a host of other issues.
In defending Union Officer free speech, the Union maintained that as long as an elected officer's behaviour is not malicious, or that the statements made are not knowingly or recklessly false, the employer has no right to rely on the “duty of loyalty” and use its power to discipline in order to silence the Union. The Adjudicator accepted this position. In so doing, he referred extensively to established legal principles, and rejected the CBSA's assertion that statements that might have a potential, but unproven, impact on the employer in a sensitive political or security context somehow removed the immunity that Union Officers enjoy when advocating on behalf of workers. The fact that the vast majority of the statements in the letter were based on information in the public domain was important in this case. The Adjudicator also rejected the CBSA's position that, in writing to a representative of a foreign government in this case, the Union had crossed the line.
We stand proud of our Union Activists when they speak out. And Our Union will defend them against any employer that wants to silence them.
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Date Modified : 2008/08/13
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