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.
