PUBLIC SERVICE |
Labour Relations |
Janveau v. Canada (Attorney General)
T-198-02
2003 FC 1337, Snider J.
14/11/03
18 pp.
Judicial review of Adjudicator's decision rejecting applicant's grievance--Applicant employee of Earth Sciences Sector of Natural Resources Canada since 1971--As employee classified as CS-02, collective agreement providing applicant with monthly allowance of $176 described as "terminable allowance"--Effective April 1, 1999, applicant's position downwardly reclassified as EG-04, part of Technical Services Group (TS Group)--Applicant continued to receive terminable allowance until September 2000 when informed payment of allowance after reclassification made in error-- Commenced grievance heard by Adjudicator of Public Service Staff Relations Board under Public Service Staff Relations Act, s. 92(1)(a)--Adjudicator denied grievance on basis Memorandum of Understanding (MOU) dated July 21, 1982 between Treasury Board and Professional Institute of the Public Service of Canada (PIPSC) not applicable to applicant as no longer employee whose bargaining agent PIPSC-- Applicant ceased to be part of CS collective agreement on April 1, 1999--Adjudicator's decision applicant reclassified to TS Group effective April 1, 1999 correct--Applicant not part of CS Group bargaining unit after reclassification of position--Adjudicator also correct in concluding MOU did not apply to applicant who, upon reclassification, was no longer member of PIPSC bargaining unit--In reclassified position, applicant not entitled to continuation of terminable allowance on basis not subject to MOU--Application dismissed-- Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 92 (as am. by S.C. 1992, c. 54, s. 68).