The grievor was surplussed and assigned to a lower-rated position under the Public Service Act prior to the negotiation of a first collective agreement between AMAPCEO and the Crown.
Years later, he sought a direct assignment without competition to a higher-rated position, arguing his rights under the Public Service Act had vested during the statutory freeze period.
The Grievance Settlement Board dismissed the grievance, finding that the pre-collective bargaining statutory regime and the post-collective bargaining regime could not co-exist.
The collective agreement superseded the regulation, and enforcing the grievor's claimed statutory rights would conflict with the rights of other employees under the collective agreement to compete for vacant positions.
