The Supreme Court of Canada refused to hear an appeal this past week of an Ontario Superior Court’s decision finding in Jeffrey Birch and April Luberti vs. the Union of Taxation Employees Local 70030, that the Public Service Alliance of Canada could not use the courts to enforce fines as a disciplinary measure against members.

PSAC President, John Gordon, said,

We felt the judgment that was passed before was wrong. But, obviously, we can’t take this any further.

By-laws were amended in 1991 after a major strike, where members felt stronger enforcement was required.  After the October 2004 government worker strike, two members, Jeff Birch and April Luberti, decided to fight the union.

Justice Robert Smith of the Ontario court felt the fines were too onerous and high, and instead suggested raising strike pay and improving worker education.  The fines were roughly equivalent to a day’s pay for each day a worker refused to go on strike.

Michael Lynk, Associate Dean of Law at the University of Western Ontario, said,

They have lost a significant institutional check in ensuring solidarity with their members.  It’s virtually impossible for a union to enforce a penalty clause in a union constitution or bylaw.

The decision is expected to act as a significant precedent against unions being able to enforce discipline through the judicial system.  Fines can only be collected voluntarily now.