FPSLREB Decisions
Decision Information
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Decision Content
Public Service Staff Relations Act
- Date: 2004-07-09
- File: 161-02-1208 and 1211
- Citation: 2004 PSSRB 86
Before the Public Service Staff Relations Board
BETWEEN
Social Science Employees Association
and
Canadian Union of Professional and Technical Employees
Complainants
and
Frank Claydon, Secretary of the Treasury Board and Comptroller General of Canada; Tom Smith, Human Resources Executive, Treasury Board of Canada, Secretariat and Treasury Board of Canada, Secretariat
Respondents
RE: Complaint under section 23 of the
Public Service Staff Relations Act
Before: Evelyne Henry, Board Member
(Decided without a hearing)
[1] This decision concerns two complaints filed by the Social Science Employees Association and the Canadian Union of Professional and Technical Employees under section 23 of the Public Service Staff Relations Act (PSSRA). The bargaining agents had alleged that the Treasury Board, Mr. Frank Claydon and Mr. Tom Smith violated sections 8 and 9 of the PSSRA.
[2] In a decision rendered on November 22, 2002 (2002 PSSRB 78), the Board allowed the complaints.
[3] An application to review and set aside the Board's decision was made to the Federal Court of Appeal. On April 26, 2004 (2004 FCA 165), the Federal Court of Appeal set aside the Board's decision of November 22, 2002. In its Reasons for Judgment, the Court concluded at page 30 as follows:
For these reasons, I would allow the Attorney General of Canada's judicial review application with costs, set aside the decision rendered by the Board on November 22, 2002 and refer the matter back to the Board for redetermination on the basis that the complaints made by the Respondents against the Treasury Board should be dismissed.
[4] It should be noted that while the Reasons for Judgment only dismisses the complaints against the Treasury Board, the Judgment issued by the Federal Court of Appeal (Court File No. A-691-02) states:
.the matter is referred back to the Board for redetermination on the basis that the complaints made by the Respondents against the Secretary of the Treasury Board and Tom Smith should be dismissed.
[5] It is apparent from the Reasons for Judgment that the ratio applied by the Court to dismiss the complaints against the Treasury Board applies equally to the named individuals, Frank Claydon and Tom Smith. Accordingly, in light of the decision of the Federal Court of Appeal, the complaints against Frank Claydon, Tom Smith and the Treasury Board are hereby dismissed.
Evelyne Henry,
Board Member
OTTAWA, July 9, 2004.