Public Service Alliance of Canada and Treasury Board (Solicitor General Canada – Correctional Service and Human Resources Development Canada)

169-2-612

  • Before: Y. Tarte
  • Appearances: D. Dagger, for the Grievor; G. Sinclair, for the Employer
  • Decision Rendered: 1999-03-17

Subject terms:

Policy grievance – Work Force Adjustment Directive (WFAD) – Employer's failure to reply to grievances – Employee's failure to refer grievances to adjudication – Jurisdiction – Section 99 of the Public Service Staff Relations Act (PSSRA) – Sections 73 and 76 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (PSSRB RRP) – the bargaining agent referred to the Board a matter relating to the lay-off rights of an employee under the WFAD – the bargaining agent was also requesting that the employer reply to grievances filed by the employee to that effect several years earlier – the employer objected to the Board's jurisdiction to hear the matter – one of the employer arguments was that the employee had abandoned his grievances by not referring them to adjudication pursuant to paragraph 76(1)(b) of the PSSRB RRP – the Board concluded that the reference process set out in section 99 of the PSSRA could not be used to remedy the employee's failure to refer his grievances to adjudication – the Board found it had no jurisdiction to hear the reference – in response to one of the employer's arguments, the Board commented that a person, who is no longer an employee, may nevertheless present a grievance pursuant to section 91 of the PSSRA and refer it to adjudication pursuant to section 92 of the PSSRA, provided the subject of the grievance relates to a matter that occurred while that person was an employee.

Grievance denied.

Cases cited:Queen v. Lavoie, [1978] 1 F.C. 778; Gloin et al. v. Attorney General of Canada, [1978] 2 F.C. 307.