Frey v. Treasury Board (Department of National Defence)

166-2-28985 (2000 PSSRB 73)

  • Before: S. Kelleher
  • Appearances: C. Dann, for the Grievor; H. Newman, for the Employer
  • Decision Rendered: 2000-08-18

Subject terms:

Acting pay – Acting appointment in the position of a member of the Canadian Forces – Whether the collective agreement provides for acting pay when the person replaced is not an employee for the purposes of the Public Service Staff Relations Act (PSSRA) - the grievor was hired as a storesperson, classified at the GS-STS-04 group, subgroup and level, at the Canadian Forces Base Edmonton – for almost 4 months, the grievor replaced a sergeant at the Base – the employer classified the sergeant's position at the GS-STS-05 group, subgroup and level for the period during which the grievor was replacing the sergeant – the grievor was compensated at the GS-STS-05 group, subgroup and level rate of pay – he grieved that he should have been compensated at the higher sergeant's rate of pay – the adjudicator considered whether the collective agreement provides for acting pay when the person replaced is not an employee for the purposes of the PSSRA – the adjudicator found that, for the purposes of the collective agreement, a position cannot be of a "higher classification level" when the position is not that of an employee within the meaning of the collective agreement or the PSSRA.

Grievance denied.

Cases cited:Francour (166-2-23518, 23592); Francour (166-2-25922); Francour v. Canada (Attorney General) (1996), 112 F.T.R. 113 (F.C.T.D.); Francour v. Canada (Attorney General) (1997), 220 N.R. 47 (F.C.A.); Cleary (166-2-26108); Canada (Attorney General) v. Cleary, Court file T-1553-96, January 11, 1999 (F.C.T.D.).