Can a union representative be disciplined for his comments about scheduling and deploying correctional officers?

149 Union speech is not without its limits. Union representatives are entitled to express criticisms that have the potential to affect the employer as long as the criticisms are not malicious and they do not make statements that are knowingly or recklessly false. Being animated or emotional when expressing opinions does not give rise to justifiable disciplinary action. According to the Federal Count in King v. Canada (Attorney General), 2012 FC 488, the burden of proof was on the employer to establish on the balance of probabilities that the grievor acted outside the proper scope of his union duties, which it did not do with respect to the grievor’s comments about scheduling and deploying correctional officers at the institution.