Canadian Air Traffic Control Association and Treasury Board (Transport Canada)

Full Text

169-2-583
Canadian Air Traffic Control Association and Treasury Board (Transport Canada)

Before: Y. Tarte
Appearances: P. Barnacle, for the Bargaining Agent; H. Newman, for the Employer
Decision rendered: February 26, 1997

Policy grievance - Air Traffic Controllers - Assignment of duties - bargaining agent alleged that employer had violated the provisions of a letter of understanding (LOU) which formed part of the collective agreement - LOU specified that functions which were performed by members of other bargaining units would not normally be assigned to members of the air traffic control group bargaining unit - evidence established that at the Ottawa Tower over a period of several months employees in the air traffic control group were required to perform the work of operational support specialists on a regular basis because of a shortage of employees in that classification - Board granted a declaration to the effect that the employer had, during the relevant period, failed to abide by the obligation imposed upon it in the LOU - LOU also imposed on the parties an obligation to consult when circumstances arose which required a deviation from the LOU - as both parties had been remiss in meeting this obligation, Board concluded that it should restrict itself to granting a declaratory order.

Grievance allowed in part.