S. Goldberg

The grievor, a bargaining unit employee, applied for a non-bargaining unit position and was unsuccessful.

He filed a grievance with the Public Service Grievance Board.

The employer objected to the Board's jurisdiction, arguing that the grievor, as a bargaining unit employee, falls under the Crown Employees Collective Bargaining Act and must grieve through the Grievance Settlement Board.

The Board agreed, finding that the definition of 'persons employed in the public service' under the Public Service Act regulations excludes those defined as 'employees' under the Crown Employees Collective Bargaining Act.

The grievance was dismissed for lack of jurisdiction.

The grievor, a Senior Policy Advisor, filed a grievance alleging that a job competition was awarded without due consideration of merit and was influenced by discrimination.

The employer raised a preliminary objection, arguing that the grievance should be dismissed because the Board lacked jurisdiction to grant the requested remedies, asserting that the only available remedy would be a re-run of the competition.

The Board dismissed the preliminary objection, finding that it has jurisdiction to hear complaints related to position competitions under the Public Service Act, although it noted that the usual remedy for a flawed competition is indeed a remission back to the employer to re-run the competition.

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.