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PSAC rebuffed by Federal Court OTTAWA — The Federal Court of Appeal has sided with an Ontario Superior Court Judge and ruled that unions cannot use the courts to collect fines from members who chose to go to work instead of striking. The decision called such penalties “unconscionable” and said there is an “inequality in bargaining power” between a union and its members that prevents individuals from disagreeing with "the inclusion of such penalty provisions in their collective bargaining agreement.” As a result the fines are “unenforceable,” the court has ruled. PSAC included the fines in its union constitution following a major strike in 1991 because workers became frustrated with others who wanted to go back to work instead of picketing. The decision, released this morning, throws a wrench into the constitutions of unions across Canada who rely on fines to force their members to walk the picket line. Today’s decision overturned an an appeal by the Union of Taxation Employees local 70030, a division of the Public Service Alliance of Canada (PSAC), that was heard in May. PSAC was appealing an earlier decision delivered by Ontario Superior Court judge Robert Smith in October 2007 that also called fines levied against members “extremely onerous”, “very unfair” and "completely “unenforceable.” Judge Smith’s decided the case of more than 200 members of the Public Service Alliance of Canada (PSAC) who crossed picket lines during the October 2005 federal strike. The fines levied by the union amounted to one day’s gross pay for each day the employee didn't show up to picket — totalling $476.75. Also, an employee faced a one-year suspension in their membership for each day they didn’t turn out to picket. The suspensions were meant to prevent members from running for an executive position or voting on union issues. PSAC officials will now weigh their options one of which would be an appeal to the Supreme Court. No one from the union was immediately available to comment on the decision.
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