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166-2-30985 (2002 PSSRB 84)
Boudreau v. Treasury Board (Public Works and Government Services Canada)
Before: J.-P. Tessier
Appearances: Y. Michaud, for the Grievor; J. Champagne, for the Employer
Decision rendered: September 5, 2002
Pre-retirement transition leave – Determination of employee's status (full-time or part-time) – Terminable allowance – the grievor filed a grievance because he was not receiving the terminable allowance provided for in the Memorandum of Agreement between the Treasury Board and the Professional Institute of the Public Service of Canada – according to the grievor, only part-time employees can receive a terminable allowance prorated in accordance with their assigned work week – the employer responded that since the grievor is on pre-retirement leave and performs his duties and is paid for three days of work per week, his salary-related compensation, including the terminable allowance, must be calculated on the basis of his reduced hours of work – the adjudicator found that the wording was not specific enough to determine whether a full-time employee who is on leave without pay for one day a week should have his premium reduced proportionately – the adjudicator therefore decided that he was required to interpret the collective agreement, the letters of agreement and the policies binding on the parties - he referred to a letter sent to the grievor by the employer in which an employee on pre-retirement transition leave is still a full-time employee on leave without pay for a portion of his work schedule – the adjudicator determined that there was nothing that allowed him to conclude that the grievor's full-time status was altered by the fact that he benefited from the Pre-retirement Transition Leave Policy – the adjudicator therefore concluded that, considering that the collective agreement defines pay as the annual rate of pay, which is equivalent to the annual salary and salary scales, the employer could not reduce the terminable allowance, an allowance that it has defined, incidentally, as not forming part of the employee's salary.