OPSGB 2001

The grievor filed a grievance regarding a job competition for a non-bargaining unit position.

The employer raised a preliminary objection regarding the jurisdiction of the Public Service Grievance Board, arguing that the issues arose when the grievor was a bargaining unit member.

The Board agreed, finding that the grievance related to a process commenced when the grievor was excluded from recourse under the Public Service Act.

The grievance was dismissed for lack of jurisdiction.

The grievor brought a motion for the production of documents in a grievance regarding the calculation of his pay rate upon assignment to a superintendent position.

The employer opposed the production of certain documents, arguing they were not relevant and amounted to a fishing expedition.

The Public Service Grievance Board ordered the production of documents relating to the classification, pay rates, and incumbents of the superintendent positions, finding them arguably relevant to the grievor's claim of differential treatment.

The request for documents regarding the results of the competition was denied.

The grievor challenged an unsuccessful job competition for a temporary assignment.

At the hearing, the grievor moved to exclude the employer's advisor as a potential witness, which the Board denied.

The employer abandoned its preliminary objection to grievability and moved for an order for disclosure.

The Board ordered the grievor to provide full particulars of the allegations, including specific acts, dates, and individuals involved, to enable the employer to prepare its response.

The grievor filed a grievance seeking reimbursement for moving expenses incurred after he relocated from Kingston to Ottawa, alleging his 1995 assignment to Kingston should have been treated as temporary.

The employer brought a preliminary motion to dismiss the grievance as untimely, noting it was filed two and a half years after the employer denied his request.

The Public Service Grievance Board found the delay significant and the grievor's explanation of fearing reprisal unjustified.

The Board declined to exercise its discretion to extend the time limits and dismissed the grievance as untimely.

The grievors, Operational Managers, filed grievances claiming inadequate compensation for statutory holidays, seeking 12 hours of lieu time retroactively to match a benefit awarded to bargaining unit members.

The employer objected that the grievances were untimely and without merit.

The Public Service Grievance Board dismissed the grievances, finding that a four-year delay in filing was unjustified.

Furthermore, the Board held that management employees have no legal entitlement to benefits solely because they were granted to bargaining unit members under a collective agreement.