PUBLIC SERVICE |
Labour Relations |
Public Service Alliance of Canada v. Canada (Treasury Board)
T-205-00
2001 FCT 568, Tremblay-Lamer J.
31/5/01
24 pp.
Application for judicial review of Commissioner of Canadian Grain Commission decision to place 69 employees of its Thunder Bay facility, without their consent, on "off-duty status" without pay for 3 months, from January 10 to March 3, 2000 due to reduced volumes of grain expected through Thunder Bay facility--Off-duty employees in no-work, no-pay situation--As result of respondents' decision, applicant deprived of union dues payable by all employees who worked more than 10 days per month--Issues whether applicant having standing to bring application; should application be struck as result of statutory grievance procedure provided for under PSSRA--Application dismissed--Applicant not directly affected by respondents' decision to place operational employees on off-duty status--Respondents' decision falling within matters covered by grievance procedure provided for by PSSRA, s. 91 (and both collective agreements) because such decision affecting terms and conditions of employment of operational employees--Applicant cannot avoid limitations provided for in PSSRA by side-stepping legislation through collateral application for judicial review by naming itself as party, and claiming that, as result, no recourse to dispute resolution mechanism in place under PSSRA--In addition, pursuant to PSSRA, s. 99, applicant could refer matter to PSSRB as collection of union dues (or its unlawful denial as result of respondents' decision) provided for in both collective agreements, and such issue cannot be enforced through filing of individual employee grievance--As to Court's jurisdiction, PSSRA establishing comprehensive scheme for resolution of employment-related disputes between employees of federal public service and employer--Clearly, matter could be grieved by "operational employees" pursuant to PSSRA, s. 91--In addition, applicant could also refer matter to PSSRB for consideration of its alleged unlawful denial of union dues--Therefore, applicant cannot seek to circumvent statutory grievance procedure provided in PSSRA by bringing application for judicial review challenging legality of respondents' decision--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 91, 99 (as am. by S.C. 1992, c. 54, s. 72).