Public Service Labour Relations Board
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Public Service Alliance of Canada v. Canada Revenue Agency

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2006 PSLRB 41

Before: Ian R. Mackenzie
Decision Rendered: April 13, 2006
Original Language: English
An application for judicial review before the Federal Court has been dismissed (2008 FC 485) (Court file: T-832-06).

Policy grievance – Work force adjustment (WFA) – Affected employees – Official notification – Program Delivery and Administrative Services group bargaining unit

In February 2005, the employer informed the bargaining agent of upcoming expenditure review initiatives – at that time, the employer had not identified which employees would be affected by those initiatives – in November 2005, the employer identified to the bargaining agent which employees would be affected by those initiatives – on December 6, 2005, those employees began receiving notices that they were affected by a WFA situation – the bargaining agent filed a policy grievance seeking a declaration that the employer had breached the collective agreement by failing to notify those employees in February 2005 – the adjudicator declined ordering the employer’s future compliance with the WFA provisions of the collective agreement because of a presumption that the parties to a collective agreement will comply with its provisions – the adjudicator found that only in the Fall of 2005 did the employer make a decision with enough precision to identify the work locations, the positions that would be affected and the date on which those position would be affected – only then were the notice provisions of the collective agreement triggered.

Grievance denied.