Professional Association of Foreign Service Officers v. Treasury Board

2010 PSLRB 53

  • Before: Michel Paquette
  • Decision Rendered: 2010-04-08
  • Original Language: English

Subject terms:

Policy grievance – Conversion to new classification standard – Pay rules – Retroactive period – “line down” concept inapplicable

The Professional Association of Foreign Service Officers (“the bargaining agent”) filed a policy grievance against the Treasury Board (“the employer”), alleging that the conversion of FS-02s to the new FS-03 level following the introduction of the new classification standard was not done in accordance with the pay rules set out in article 46 of the collective agreement – the collective agreement was agreed to in June 2005, and the conversion of positions was to take place the following month – the adjudicator held that the employer’s interpretation did not lead to an absurd result – article 46 did not apply, as it applied only to the retroactive period, and the conversion was to be effected after the close of that period – also, the conversion was not listed as one of the specific events to which article 46 applied – the conversion in question was not a promotion – the language of the Pay Note in the collective agreement made it clear that clause 46.03 did not apply – the “line down” or proximity concept favoured by the bargaining agent was an exception to the primary calculation method, which is the numeric concept – there was no issue of retroactivity in this case since the conversion was implemented on a going-forward basis, so the principles in Lajoie v. Treasury Board (Revenue Canada – Taxation), PSSRB File Nos. 166-02-20731 and 20732 (19910813), and Buchmann v. Canada Customs and Revenue Agency, 2002 PSSRB 14, did not apply.

Grievance denied.