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166-2-30414 (2001 PSSRB 130)
Fox v. Treasury Board (Immigration and Refugee Board)
Before: Y. Tarte
Appearances: P. Bérubé, for the Grievor; E. Renaud and K. Chemsi, for the Employer
Decision rendered: December 18, 2001
Grievance resolution agreement – Application for execution – Application to dismiss the grievance pursuant to section 84 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (Regulations) – Jurisdiction – Subsection 92(1) of the Public Service Staff Relations Act (PSSRA) – Definition of "arbitral award" in subsection 2(1) of the PSSRA – the parties had reached a memorandum of agreement resolving four grievances (two of which were sent to adjudication) and two complaints filed by the grievor – as a result, the grievor withdrew the two grievances sent to adjudication – the agreement contained a confidentiality clause, along with a $10,000 penalty – the grievor alleged that the employer revealed the contents of the agreement to the media and requested the payment of the penalty – the employer challenged the jurisdiction of an adjudicator to hear the grievance, arguing that the Board was no longer seized with the grievances, which had been subject to the agreement – the grievor claimed that this was a new grievance, which contested the failure to respect the agreement – the employer then objected to the jurisdiction of an adjudicator to hear such a new grievance on the ground that it could not be referred to adjudication pursuant to subsection 92(1) of the PSSRA – the grievor argued that Weber v. Ontario Hydro,  2 S.C.R. 929 gives jurisdiction to an adjudicator – the employer responded that paragraph 92(1)(a) of the PSSRA does not apply to a grievance resolution agreement – the grievor responded that, pursuant to paragraph 92(1)(a) of the PSSRA, the right to refer to adjudication a grievance dealing with an arbitral award includes a grievance that deals with a grievance resolution agreement – the Board found that a grievance resolution agreement does not fall within the definition of an "arbitral award" contained in subsection 2(1) of the PSSRA – the Board also found that the grievor's grievance was not one that could be referred to adjudication pursuant to section 92 of the PSSRA – the Board determined that in the circumstances it was appropriate to use the procedure set out in section 84 of the Regulations to dismiss the grievance.
|Cases cited:||Gascon, 2000 PSSRB 68 (166-2-28934); Kehoe, 2001 PSSRB 9 (166-2-29657).|