Public Service Labour Relations Board
Symbol of the Government of Canada

Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada - CSN v. Treasury Board

document icon
Full Text

2010 PSLRB 85

Before: Renaud Paquet
Decision Rendered: August 13, 2010
Original Language: English

Policy grievances – Equitable allocation of overtime – Burden of proof – Jurisdiction – Correctional officers – Correctional Services Group bargaining unit

The bargaining agent filed 31 policy grievances against the employer’s national overtime policy – seven grievances alleged that the policy violated the equitable overtime allocation provisions of the collective agreement – the remaining 24 grievances alleged that the employer had unilaterally terminated local overtime agreements, understandings and policies, in violation of the collective agreement – the adjudicator found that the bargaining agent failed to prove on a balance of probabilities that the policy violated the collective agreement by allocating overtime inequitably – as for the other 24 grievances, the adjudicator found that the collective agreement provided for local agreements allowing the allocation of overtime to employees at a different group and level than the position to be filled and that none of the local agreements, understandings and policies did that – as the local agreements, understandings and policies did not form part of the collective agreement and were not ancillary to it, the adjudicator had no jurisdiction to decide whether their terminations violated the collective agreement.

Seven grievances denied.

Jurisdiction not taken over the other 24 grievances.