The grievors, Group Managers (AM20) in the Ministry of Finance, filed a grievance alleging that the employer's reorganization of their duties and the creation of a new AM21 position constituted bad faith and a violation of their working conditions.
The reorganization was implemented to address salary compression issues arising from a new collective agreement for senior auditors.
The employer raised a preliminary objection that the grievance was a classification matter outside the jurisdiction of the Public Service Grievance Board.
The Board heard evidence and concluded that while the reorganization may have been a poor administrative decision, there was no clear evidence of bad faith, discrimination, arbitrariness, or a breach of the Public Service Act.
Consequently, the Board declined jurisdiction and dismissed the grievance.
