FREEDOM OF EXPRESSION IS NOT ABSOLUTE
ETFO members are not required to main- tain neutrality around labour relations issues. They have a right to engage in discussions that may be critical of the government or their employer when engaging in protected union activities like collective bargaining. However, despite the significant protections that the Charter provides, an employee’s freedom of expression is not absolute. For example, em- ployees cannot make comments about their employer that are false or malicious. The line between your ability to speak
freely as a unionized worker and your responsibilities to the employer can be difficult to define. The line is dependent on the specific context around each situation. ETFO members often reach out to their local or to the provincial office to help define that line. Here are some of the questions raised most frequently by ETFO members
about freedom of expression around Charter-protected activities.
Can I wear my ETFO button at school?
It has been well established by Canadian courts that employees who wear a button, t-shirt or accessory in the workplace for a lawful union action are exercising their right to freedom of expression around a protected activity. An employer that attempts to curtail such actions would be violating your rights under the Charter, and ETFO would aggres- sively protect those rights through appropri- ate legal channels. While unionized workers have substan-
tial freedom to wear items in the workplace that support union-related and collective bargaining activities, there are some limits to exercising that freedom. For example, items worn at work by ETFO members should in- clude messaging that would be acceptable in a school environment (e.g., no profanity, no violent imagery, etc.) and would not disrupt their normal work activities.
Can I provide bargaining-related materials (flyers, buttons) to inter- ested parents during progress report interviews?
You should not use the interview time you have allocated to a parent to discuss bargaining issues or distribute bargaining-related materi- als. Wait until after you have discharged your professional duties (i.e., after the interview) to provide such materials to an interested parent. Continued on page 25
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