The grievor, a professional engineer, sought a retroactive salary increase for 1990 based on an interest arbitration award released in 1991.
Before the award was released, the grievor was promoted to the Senior Management Group (SMG), which is excluded from bringing working conditions grievances to the Public Service Grievance Board.
The employer brought a preliminary motion to dismiss the grievance for lack of jurisdiction.
The Board denied the motion, finding that the grievor was complaining about a matter that occurred while he was in a classification entitled to grieve, and he did not lose this right merely because he was subsequently promoted.
