Yes. All MSA staff and Board Members are bound by confidentiality requirements as stipulated in the MSA’s Code of Conduct Agreement. Private information obtained by staff during a member appointment is not shared with MSA Board members, other MSA members or the University’s management, administration or human resources unless the action needed to resolve the issue requires it (i.e. grievance process, arbitration/appeal review).

Labour arbitrators have, aside from some exceptional cases, consistently held that communications between a union representative and a union member, respecting the union member’s rights under a collective agreement, or a potential or existing grievance, are privileged pursuant to the ‘Wigmore Test’, and are therefore confidential between the employee and the union member. This test has the following 4 principles to protect confidentiality:

(1) The communication originated within the expectation of confidentiality.
(2) Confidentiality is essential to the satisfactory maintenance of the relationship between the parties.
(3) The reputation of both parties is protected.
(4) The benefit gained by disclosure is not significantly greater than the damage that disclosure may cause.

See below for additional resources regarding MSA confidentiality:

• Code of Conduct – All MSA staff and board are required to sign a code of conduct agreement that includes the stipulation that they maintain confidentiality of information obtained while performing board or staff duties. You can find a copy of the Code of Conduct here.
  
  
• PIPA (Personal Information Protection Act) – Similar to public institutions such as MacEwan University, MSA is accountable under legislation to protect private information of its members.  Private organizations like MSA are governed by the Personal Information Protection Act (PIPA), and public institutions fall under the Freedom of Information and Protection of Privacy (FOIP) Act.  PIPA requires organizations to take reasonable security measures and develop polices and practices to protect the personal information of its members and staff against unauthorized access, use and disclosure. To get more information about PIPA, please visit: https://www.alberta.ca/personal-information-protection-act
  
  
• MSA Constitution and Bylaws – All signed MSA members are also required to follow the Code of Conduct outlined in the MSA Bylaws and Constitution (11.0). Check out the Bylaws here.

If you have further questions about MSA’s confidentiality policies, please email m**@**cewan.ca. If you would like to meet with MSA staff but do not wish to visit the office, we can meet you virtually or at a location of your choosing.