Walter Little

The grievors, Schedule 6 employees in the Audit Branch, grieved a new travel policy that altered how travel time was calculated and absorbed by the employer.

The employer raised a preliminary objection that the Public Service Grievance Board lacked jurisdiction because the Public Service Act and Regulation 881 do not provide for travel time compensation for Schedule 6 employees, and thus there was no breach of the regulation.

The Board agreed, finding that it had no jurisdiction to amend the travel policy guidelines or impose its own views on fairness, as the regulation did not circumscribe management's rights regarding travel time for these employees.

The grievances were dismissed.

The grievor, a bargaining unit employee, filed a grievance alleging that a job competition for a non-bargaining unit management position was not held in good faith and that his war service preference rights under Regulation 881 were violated.

The Grievance Settlement Board previously found it lacked jurisdiction because the position was outside the bargaining unit.

The grievance was then referred to the Public Service Grievance Board.

The employer raised a preliminary objection to jurisdiction.

The Board held that bargaining unit employees must rely on the collective agreement and the Grievance Settlement Board, while the Public Service Grievance Board only has jurisdiction over non-bargaining unit employees claiming a violation of the Public Service Act or Regulation 881.

The grievance was dismissed for lack of jurisdiction.