Consistent Use: The Collection Of Union Members' Personal Information By Their Unions

The Public Service Labour Relations Board concluded that an employer was required to provide home contact information about bargaining unit members to the union which represents them because this information is needed by the union in order to carry out its representational duties. At the same time, however, the union must ensure that the information is kept secure and is used only for representational purposes. The main issue in this appeal is whether that decision was reasonable. We conclude that it was.

Bernard v. Canada (Attorney General), 2014 SCC 13, per Justices Abella and Cromwell at paras 1, 37 - 40

Background

Ms. Bernard is a "Rand Formula employee" - a member of a federal public service bargaining unit, but does not belong to the union which has exclusive bargaining rights for her bargaining unit. Although she is not a union member, she is entitled to the benefits of the collective agreement, representation by the union and is required to pay union dues. The union is the exclusive bargaining agent for all members of the bargaining unit and has representational duties - such as collective bargaining, the grievance process, workforce adjustments, prosecuting complaints, and conducting strike votes. Those duties are owed to all bargaining unit members, whether or not they are members of the union. While Ms. Bernard has a right not to become a union member, she does not have the right to opt out of the union's role as exclusive bargaining agent for all bargaining unit employees.

In 2005, the Public Service Labour Relations Act expanded the union's representational obligations. As a result, Ms. Bernard's union sought home contact information for bargaining unit members from the employer. The employer refused and the union alleged that this refusal was an unfair labour practice. The Board agreed that there was an unfair labour practice because by not providing the union "with at least some of the employee contact information that it requested," it was interfering with the union's representation of its employees.

On the remedy issue, the Board directed the parties to consult in order to determine whether they could agree on disclosure terms, failing which the Board would hold a further hearing to address the issue of remedy. The parties reached an agreement that the Board subsequently incorporated into a consent order that required the employer to disclose to the union a quarterly listing of home mailing addresses and home telephone...