FPSLREB Decisions

[1]   Yolette Sincère has applied for review of Sincère v. National Research Council Canada, 2004 PSSRB 2. In that decision, a grievance adjudicator appointed under the Public Service Staff Relations Act (the PSSRA) found that she did not have jurisdiction to hear a grievance lodged by Ms Sincère. Ms Sincère's grievance had to do with non-renewal of term employment.

Positions of the parties

[2]   On February 16, 2004, Ms Sincère filed an application for review on the basis of subsection 8(4) of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (the Regulations). Section 8 of the Regulations reads as follows:

8.(1) Subject to subsection (2), but notwithstanding any other provision of these Regulations, the Board may dismiss an application on the ground that the Board lacks jurisdiction.

(2) The Board, in considering whether an application or complaint should be dismissed pursuant to subsection (1), shall

(a) request that the parties submit written arguments within the time and in the manner specified by the Board; or

(b) hold a preliminary hearing.

(3) Where the Board dismisses an application under subsection (1), the Board shall provide a copy of the decision and reasons therefor to the parties.

(4) A party may, no later than on the twenty-fifth day after being provided with a copy of a decision pursuant to subsection (3), file with the Secretary a request that the Board review the decision.

...

[3]   In support of her application, Ms Sincère explained why she disagreed with the grievance adjudicator's decision.

[4]   On March 9, 2004, the respondent submitted that the Board is not authorized to review a grievance adjudicator's decision and that section 27 of the PSSRA gives the Board authority to review only its own decisions. Section 27 of the PSSRA reads as follows:

27. (1) Subject to subsection (2), the Board may review, rescind, amend, alter or vary any decision or order made by it, or may re-hear any application before making an order in respect thereof.

...

[5]   On April 21, 2004, Ms Sincère responded to the objection raised by the respondent and reiterated the arguments she had made in support of her application.

Reasons

[6]   The parties had an opportunity to submit their written arguments.

[7]   Ms Sincère bases her application for review on subsection 8(4) of the Regulations. This subsection provides a framework for the Board's authority to review a decision to dismiss an application on the ground of lack of jurisdiction. The term "application" is defined in section 2 of the Regulations and does not include a grievance.

[8]   In this case, the decision Ms Sincère would like to have reviewed is not a decision by the Board, but a grievance adjudication decision by a grievance adjudicator. These two types of decisions are not the same, and subsection 8(4) of the Regulations does not apply in the present circumstances.

[9]   The respondent rightly identified section 27 of the PSSRA as the basis for the Board's authority to review its decisions. This section specifically authorizes the Board to review its own decisions. However, it does not authorize the Board to review grievance adjudicators' decisions. This interpretation was recognized by the Federal Court of Appeal in Doyon v. Public Service Staff Relations Board, [1979] 2 F.C. 190.

[10]   For these reasons, the Board cannot allow Ms Sincère's application and dismisses it on the ground of lack of jurisdiction.

[11]   I would like to add that, in Doyon (supra), the Federal Court of Appeal made clear that grievance adjudicators appointed under the PSSRA do not have jurisdiction to review their own decisions. Grievance adjudicators' decisions are final and may be contested only by means of judicial review in the appropriate forum, that is, before the Federal Court.

Yvon Tarte,
Chairperson

Ottawa, June 16, 2004.

P.S.S.R.B. Translation