
2006 PSLRB 41
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.