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A-459-80
The Queen (Applicant)
v.
Public Service Alliance of Canada (Respondent)
Court of Appeal, Thurlow C.J., Ryan J. and MacKay D.J.—Ottawa, January 21, 1981.
Judicial review — Public Service — Labour contract — Clause in collective agreement included by Arbitration Board under "severance pay" — Clause providing for payments in addition to regular pay of employees on their release — Whether Board had jurisdiction to make the award in view of s. 70(1) of the Public Service Staff Relations Act — Also, whether the Board had jurisdiction to deal with "Bilingual Differential" in view of s. 70(1) — Public Service Staff Rela tions Act, R.S.C. 1970, c. P-35, s. 70(1) — Public Service Employment Act, R.S.C. 1970, c. P-32, s. 31 — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
R. v. Public Service Alliance of Canada [1980] I F.C. 801, distinguished.
APPLICATION for judicial review. COUNSEL:
R. Cousineau for applicant.
C. H. MacLean for respondent.
M. I. Wexler for Professional Institute of the
Public Service of Canada.
SOLICITORS:
Deputy Attorney General of Canada for
applicant.
Nelligan/Power, Ottawa, for respondent.
M. I. Wexler, Ottawa, for Professional Insti
tute of the Public Service of Canada.
The following are the reasons for judgment of the Court delivered orally in English by
THURLOW C.J.: We are all of the opinion that the Arbitration Board properly concluded that its jurisdiction under subsection 70(1) of the Public Service Staff Relations Act, R.S.C. 1970, c. P-35, to deal with "rates of pay ... and other terms and conditions of employment directly related thereto" included jurisdiction to include in the collective
agreement, as part of the provisions for what is referred to as "severance pay", the clause num bered 23.04 providing for payments in addition to the regular pay of employees on their release from employment pursuant to section 31 of the Public Service Employment Act, R.S.C. 1970, c. P-32. As we view it, what the clause provides is for a further payment to the employee on his release of an amount he is considered to have earned by his performance of the duties of his employment. We are also of the opinion that the Board correctly distinguished the decision of this Court in the earlier case of The Queen v. Public Service Alliance of Canada [1980] 1 F.C. 801, on the ground that it dealt with a particular situation in which, as found by the Court, the substance of the payment called severance pay was not pay for services rendered but compensation in respect of the non renewal of a term position.
With respect to the clause entitled "Bilingual Differential", we are of the opinion, as indicated in the course of the argument, that this falls well within the authority of the Board under subsection 70(1) to deal with rates of pay for positions of the class designated as required to be filled by persons who have the requisite skill in both official languages.
The application therefore fails and will be dismissed.
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