McAllister and Treasury Board (National Defence)

Full Text

166-2-25271
McAllister and Treasury Board (National Defence)

Before: P. Chodos
Appearances: G. Holub, for the Grievor; R. Lafrenière, for the Employer
Decision rendered: November 19, 1997

Contracting out – Work Force Adjustment Policy, 1988 v. Work Force Adjustment Directive, 1991 – the grievor received a notice of surplus status, under the Work Force Adjustment Policy, 1988 (WFAP), in view of the forthcoming "closure" of Canadian Forces Base (CFB) Portage la Prairie – the physical property of CFB Portage la Prairie was later sold to Southport Aerospace Centre Incorporated (SACI) – the primary flight, helicopter, and multi-engine training activities usually performed at CFB Portage la Prairie were contracted out to Bombardier – SACI contracted out the operation and maintenance of the physical plant and ground operations to a company associated with Bombardier – the grievor alleged that the Work Force Adjustment Directive, 1991 (WFAD) applied to him retroactively and, more particularly, its contracting-out provisions – the employer responded that the WFAD was not yet in force when the grievor was declared surplus and that the WFAP applied to him – the employer further alleged that the grievor's position had not been contracted out – the adjudicator decided that the sale of the physical property to SACI did not constitute contracting out under either the WFAP or the WFAD.

Grievance denied.

Cases cited: Kitson (166-2-25328); Kitson v. Attorney General of Canada (Federal Court, Trial Division, Court File No. T-391-95, unreported).