Fortier and Treasury Board (Transport Canada)

Full Text

166-2-27013
Fortier and Treasury Board (Transport Canada)

Before: B. Turner
Appearances: D. Dagger, for the Grievor; R. Smart, for the Employer
Decision rendered: December 5, 1997

Rates of pay – Regional rates – Work Force Adjustment Directive – Salary protection – General labour and trades group – grievor had been employed at the GL-MDO-6 group and level at the Yellowknife airport – he was declared surplus due to the devolution of the airport to the Government of the Northwest Territories – he accepted a position at the same group and level in Regina, Saskatchewan – because employees in the General Labour and Trades group are subject to regional rates of pay under the relevant provisions of their collective agreement, grievor went from an hourly rate of pay of $15.19 per hour at Yellowknife to $12.36 at Regina – grievor claimed he was entitled to salary protection pursuant to the Work Force Adjustment Directive which formed part of his collective agreement and therefore he should continue to be paid at the higher hourly rate in Regina – adjudicator concluded that salary protection was only provided to an employee under the collective agreement when he had been appointed to a lower level position – as grievor had not been appointed to a lower level position, he was not entitled to salary protection – because the provision of the collective agreement was not ambiguous, the adjudicator ruled that he could not look at extrinsic evidence as an aid to interpretation.

Grievance denied.