Education Department backs off on workers wearing 'intimidating or violent' shirts

Directive says shirts may be viewed as 'intimidating or violent' to students

Shane Magee · CBC News · Posted: Jan 17, 2020 3:31 PM AT

Education workers in New Brunswick schools were directed not to wear shirts like these that support a bargaining campaign by the Canadian Union of Public Employees because they could be viewed as 'intimidating or violent.' (Ed Hunter/CBC)

A union representing education support staff says it will file grievances after at least 12 members were told to remove shirts that support a provincial labour campaign because, according to the province, they could be viewed as "intimidating or violent" by students.

Directives from the provincial government sent out through the seven school districts in recent days warn against wearing the black and yellow shirts, or principals and other managers would tell them to remove the shirts or cover them.

Dominic Cardy, the province's education minister, said in a statement to media released late Friday afternoon after stories about the issue were published that members would be allowed to wear the shirts.

The shirts show an image of a yellow fist, in comic-book style, surrounded by "bargaining forward" in French and English with logos for the Canadian Union of Public Employees in New Brunswick.

The back of the shirts say "Proud CUPE member."

Theresa McAllister, president of CUPE Local 2745, said the union's legal team considers the directive an infringement of members' charter rights.

"I think it's disgraceful," she said in an interview Friday. "I think it's a push from the government to quiet us down, and we're not going to quiet down."

Theresa McAllister, president of CUPE Local 2745, says the union’s legal team considers the directive an infringement of members’ charter rights. (Ed Hunter/CBC)

She said she was personally contacted by 12 members of the local, which represents school bus drivers, custodians, educational assistants and clerical staff, who told her they had been threatened with or disciplined for wearing the shirts Friday.

A union member in Fredericton was told by school officials the symbol was racist, while one in Moncton was told it was "sexual in nature," according to CUPE national representative Trent Snikkers.

McAllister said two union members wearing the shirts at Northrop Frye School in Moncton were told Friday to remove them or be relocated from their usual workspace to a smaller "isolation room." She said they were moved to such a room.

She said some union local members had been wearing the shirts on Fridays over the last two years without issue before the directive was issued.

District won't comment

A spokesperson for Anglophone East School District, which operates Northrop Frye, directed questions to the provincial education department.

Cardy, the education minister, said in a statement that he had spoken to CUPE representatives about the use of the logo which "has caused confusion and concern in the province."

"Next week, I will have discussions with the school districts on how we can permit members of CUPE to use the logo in an educational context and a learning opportunity for students," Cardy said.

Emails sent before Cardy's statement between the union and the province that CUPE provided to CBC News say the employer is aware of the significance of the fist logo and doesn't intend to infringe on employees rights.

Paméla E. Boulay, executive director of employee relations with the Department of Finance and Treasury Board, wrote in a Jan. 14 email that students may not understand the significance of the logo.

Boulay said the province is concerned that the fist "may appear intimidating or violent to them."

Text on the rear of the shirts say 'Proud CUPE member.' (Ed Hunter/CBC)

"We are asking the employees for their co-operation and to exercise discretion and judgment as to when and where to wear the T-shirt or other items of clothing displaying the large logo when around students," Boulay wrote.

On Jan. 15, Boulay told the union the directive would not be rescinded and the province expected employees to adhere to it. Boulay said the union could then file a grievance or complaint if it wanted to.

McAllister said the union intends to file grievances for each employee wearing a T-shirt who was told to remove it Friday. As well, she said the union is considering filing a complaint with the province's labour and employment board.

The department directive states the right of employees to demonstrate support of their union in the workplace is not unlimited.

"We have put considerable effort into providing a positive learning and working environment and into preventing and addressing acts of harassment, intimidation or bullying," the directive states.