S.M. Walter

The grievors, former Area Managers, alleged they were constructively dismissed when their positions were eliminated and replaced by Area Vice President positions, for which they unsuccessfully competed.

The Employer raised a preliminary objection that the Board lacked jurisdiction.

The Board upheld the objection and dismissed the grievances, finding that the grievors failed to file within the 14-day statutory time limit and that the Board has no jurisdiction under the Public Service Act to adjudicate claims of constructive dismissal for Schedule I employees who were surplused rather than discharged for cause.

The grievor, an Area Manager, filed a grievance alleging that the employer failed to apply its Management Compensation Plan (MCP) Compression Policy, resulting in a significant salary disparity between himself and a subordinate professional engineer.

The employer raised preliminary objections regarding the board's jurisdiction and the timeliness of the grievance.

The Public Service Grievance Board held that it lacked the legal jurisdiction to deal with supervisory salary compression or conversion disputes, or to intervene in the employer's application of the MCP Compression Policy.

The grievance was denied on jurisdictional grounds.