Public Service Labour Relations Board
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Ferguson v. Treasury Board (Statistics Canada)

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2009 PSLRB 21
Before: Margaret E. Hughes
Decision Rendered: February 13, 2009
Original Language: English
An application for judicial review before the Federal Court has been discontinued (Court file: T-399-09).
Grievance – Workforce adjustment – Leave without pay

After having been declared surplus, the grievor sought to combine leave without pay with one of the options of the Workforce Adjustment program, an educational leave, to ensure the maximum number of pensionable years of service – the employer refused to grant leave without pay, and she grieved the refusal – the adjudicator ruled that the clear and specific terms of the Workforce Adjustment Appendix, which had been added to the collective agreement, prevailed over the earlier, more general terms of the collective agreement – the terms of the Workforce Adjustment Appendix did not allow for an additional period of leave without pay to be added to the option chosen by the grievor under the Workforce Adjustment program.

Grievance denied.