Raphael and Treasury Board (Transport Canada)

Full Text

166-2-26686
Raphael and Treasury Board (Transport Canada)

Before: L. Tenace
Appearances: P. Barnacle, for the Grievor; R. Smart, for the Employer
Decision rendered: January 16, 1996

Compensation - Air traffic controller - Appointment - Level of pay upon appointment after brief period of retirement - Jurisdiction - Fairness in the application of the collective agreement - the grievor, an operational controller, retired after 24 years of service - six months later he was rehired and after a brief period or requalification, the grievor assumed the same classification he had left upon retirement, although, at the minimum rate of pay - his request for pay at the higher level at which he was paid prior to retirement was denied - the employer objected to the adjudicator's jurisdiction on the basis that the grievance concerned an appointment under the Public Service Employment Act, a matter in respect of which the adjudicator was without jurisdiction - the grievor argued that the subject matter of the grievance was more properly fair application of the provisions of the collective agreement dealing with pay upon promotion - based on the decision in Mark (166-2-21451 to 21455), the adjudicator found that the level of pay upon appointment was a matter dealt with under the Public Service Employment Act and as such, he was without jurisdiction to proceed - the adjudicator noted that even if the employer were obligated to apply the relevant provisions of the collective agreement in a fair and reasonable manner, the employer was not responsible for the grievor's decision to retire.

Grievance denied.

Cases cited: Mark (166-2-21451 to 21455).