Unions Entitled To Collect Personal Contact Information From Employers

The Supreme Court of Canada ruled this month that unions are entitled to collect personal home contact information for bargaining unit members from employers - even for employees who don't join the union.

Canada's historic "Rand Formula" states that while an individual cannot be forced to become a member of a union, she cannot expect the benefits of union action without paying for it. As a result, such employees pay dues but remain outside the union itself. Bernard was one such employee who alleged that the disclosure of her home contact information by her employer to the union violated her rights under the Privacy Act, and section 2(d) and 8 of the Charter, (freedom of association and unconstitutional search and seizure).

The Federal Court of Appeal placed several safeguards on the shared information, but found that it could be disclosed due to obligations placed upon unions pursuant to the Public Service Relations Act. Also, the Court of Appeal found that the disclosure of the personal information was a "consistent use" under section 8(2)(a) of the Privacy Act, and therefore did not breach the Act.

The Supreme Court of Canada dismissed the appeal, finding that the union must have effective means of contacting employees in the bargaining unit in order to discharge their duties under the Public Service Labour Relations Act. Rand...