Fox v. Treasury Board (Immigration and Refugee Board)

Full Text

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, [1995] 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.

Application allowed.

Grievance denied.

Cases cited:	Gascon, 2000 PSSRB 68 (166-2-28934); Kehoe, 2001 PSSRB 9 (166-2-29657).