Aubin and Krawchuk and Treasury Board (Transport Canada)

166-2-27489 and 27490

  • Before: B. Turner
  • Appearances: Captain L. Sellen, P. Firlotte, for the Grievors; H. Newman, for the Employer
  • Decision Rendered: 1997-04-29

Subject terms:

Annual leave - Continuous employment - Canadian Armed Forces Reserves - grievors had been members of the Canadian Armed Forces (CAF) Reserves prior to commencing employment in the federal Public Service and continued to be members thereafter - under relevant provision of collective agreement their annual leave entitlements were calculated on the basis of years of continuous employment - by definition "continuous employment" had the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations (PSTCER) - "continuous employment" in the PSTCER in respect of a person appointed to Part I Service as an indeterminate employee included "immediately prior service in Part I Service" or "immediately prior service in the Canadian Armed Forces ... provided that the person was honourably released" - grievors argued that their service in the Reserves constituted immediately prior service in Part I Service - adjudicator found that service in the Reserves did not constitute Part I Service - furthermore, as the grievors were still members of the Reserves they did not meet the condition of being "honourably released" which is required to permit a former member of the CAF to count immediately prior service in the CAF.

Grievances denied.

Case cited: Bolling et al. v. Public Service Staff Relations Board 1978 1 F.C. 85.