FPSLREB Decisions

Review of decision of adjudicator under sections 27 and 96.1 of the Public Service Staff Relations Act - Jurisdiction - the applicants initially sought from the Board review of a decision of the adjudicator in Murray and Shaver (166-2-26588 to 26592) summarized at (1996) 29 PSSRB decisions 19 - at a later point in time they sought to amend their application so as to request of the adjudicator a review of her own decision - the employer objected to the amendment - the Board found that it does not possess the power to review the decision of an adjudicator nor does it possess the authority to rule on the breadth of an adjudicator's jurisdiction once a matter is referred to adjudication - nevertheless, the Board expressed its opinion that it would be astonishing for an adjudicator to possess the power to review a decision in light of the wording of section 96.1 and in light of considerations of conclusiveness and finality of adjudicator's decisions - the Board also noted that even if an adjudicator were vested with such power, it would be surprising if it were exercised in a case such as the present one where the applicants were simply rearguing the merits of the case. Application dismissed. Cases cited: Doyon v. Public Service Staff Relations Board et al., [1979] 2 F.C. 190 (C.A.); Beirnes v. Canada (Treasury Board) (1993), 67 F.T.R. 226.