Dépault v. Canadian Food Inspection Agency

Full Text

166-32-30457 (2001 PSSRB 97)
Dépault v. Canadian Food Inspection Agency

Before: J.-P. Tessier
Appearances: P. Delage, for the Grievor; J. Champagne, for the Employer
Decision rendered: September 24, 2001

Pay – New increment added to the top of the pay scale – Date of increase in scale – Agriculture Group – Evidence of the context of the collective bargaining – Costs – when the collective agreement of the Agriculture Group bargaining unit was renewed a new step was added to the top of the pay scale for the AG-03 group and level – at the time, the grievor had held an agronomist position at that group and level and had been paid at the maximum of the pay scale for more than 12 months – he claimed a pay increment retroactive to the effective date of the new step added to the top of his pay scale – the grievor argued that the period for a pay increment was set in the collective agreement as 12 months – the employer responded that the collective agreement provided for a pay increment on the anniversary date of the grievor's appointment to his position – the employer asked for costs – the adjudicator did not take into consideration the context of the collective bargaining in this instance because the text of the new collective agreement is not ambiguous – the adjudicator upheld the employer's position – the adjudicator found that the Public Service Staff Relations Act does not give him authority to grant costs.

Grievance denied.

Cases cited:	Eveleigh (166-2-13674); Hemeon (166-2-22866 and 22865); Chong (166-2-16249); Public Service Alliance of Canada v. Treasury Board (147-2-31, 169-2-447 and 161-2-448); Lavigne (166-2-16452 to 16454, 16623 and 16624 and 16650); McMorrow (166-2-23967).