CN and union fight over hidden cameras leads to whistleblower charges

Below is a press-release issued by the CAW today:

Canada NewsWire - CAW to charge CN for threats to whistleblower:

"TORONTO, Dec. 21 /CNW/ - The Canadian Auto Workers union will file
charges against Canadian National Railway for threatening to discipline a
union representative who exposed CN's hidden surveillance cameras at its
Winnipeg repair shops.

Les Lilley, the union chairperson representing 600 CAW members and a CN
employee for more than 34 years, has been summoned to a disciplinary hearing
to be held this afternoon. The allegations, which include 'insubordination,'
could carry severe penalties ranging up to dismissal.

On November 24, workers in the Transcona Wheel Shop discovered a hidden
surveillance camera in an air duct. Last Thursday, Queen's Bench Justice
Wallace Darichuk granted the CAW's request for an injunction prohibiting CN
from using all but four cameras in its Transcona Shops complex, and
restricting the use of those four cameras to the protection of workers'
safety. Les Lilley conducted the in-house investigation which brought the
evidence of covert surveillance to light.

'The charges against Les are outrageous,' said CAW Local 100 Prairie
Region vice-president Dennis Wray. 'CN is using intimidation and reprisal
tactics to muzzle whistleblowers and divert attention from its own actions.
This is the same disturbing pattern of corporate behaviour which helped
trigger a month-long strike of 4,500 CAW members last winter.'

The CAW will charge CN under a section of the Canada Labour Code which
bars employers from interfering with legitimate union activities. "Other
charges may also be laid," said CAW national representative Abe Rosner in
Montreal, "considering the proximity of the threats to the issuance of the
court injunction."

Last week the union filed a grievance as well as a formal complaint to
the federal Privacy Commissioner accusing CN of spying on Wheel Shop workers
contrary to federal legislation and asking for punitive damages for loss of
dignity and invasion of privacy. Those matters will be heard over the coming
months."

No suggestion of looking for charges under PIPEDA's whistleblower provisions.

Update: See also Winnipeg Sun: NEWS - CN union to grieve hearing (2004.12.22)