Board lacks jurisdiction to declare acting appointment permanent or hear grievance of bargaining unit employee.
The grievor, a bargaining unit employee, was appointed to an acting position outside the bargaining unit.
He filed a grievance seeking a declaration that his acting appointment had become a permanent appointment.
The Employer raised preliminary objections to the Board's jurisdiction.
The Public Service Grievance Board held that it lacked jurisdiction to grant the remedy sought, as the Civil Service Commission has exclusive authority to make permanent appointments.
Furthermore, the Board held that it lacked jurisdiction to hear the grievance because the grievor retained his bargaining unit classification, and therefore his working conditions were governed by the collective agreement rather than the regulations under the Public Service Act.
OPSGBOntario Public Service Grievance BoardApr 28, 1989
