C. Gordon Simmons

The grievor, a management-level employee, filed a grievance after receiving a 3% merit increase without the formal notification or consultation required by the employer's Manual of Administration.

The employer raised a preliminary objection, arguing that the Public Service Grievance Board lacked jurisdiction because the Manual of Administration does not constitute 'working conditions or terms of employment' under Regulation 881 of the Public Service Act.

The Board dismissed the preliminary objection, holding that 'working conditions or terms of employment' must be interpreted broadly and encompasses the integrated process of performance appraisal, merit pay determination, and employee consultation.

The Board assumed jurisdiction to hear the grievance on its merits.

The grievor, a bargaining unit employee, filed a grievance seeking reclassification to a position within the Management Compensation Plan.

The employer objected to the jurisdiction of the Grievance Settlement Board, arguing it could not grant the requested remedy, and subsequently objected to the jurisdiction of the Public Service Grievance Board, arguing the matter was a question of status for the Public Service Labour Relations Tribunal.

The Public Service Grievance Board held that neither the Public Service Act nor its regulations prevented jurisdiction, and that denying a hearing would be contrary to progressive labour relations and legislative intent.

The Board concluded that the Classification Rating Committee was the appropriate forum to hear the classification grievance and directed the grievor to apply for a hearing before it.