FPSLREB Decisions

Individual grievances referred to adjudication

1 Rachel Exeter (“the grievor”) is an employee of Statistics Canada (“the respondent”), classified as a SI-03. The grievor filed several grievances that are presently the subject of an ongoing adjudication proceeding.

2 The four grievances that are the subject of this decision were heard as part of the respondent’s objection to my jurisdiction to hear and decide them. The grievances are the following:

• 566-02-1161: three letters of reprimand;

• 566-02-1165: loss of pay for February 14 and 15, 2006;

• 566-02-1366: the respondent refused to bypass the first and second levels of the grievance procedure with respect to grievances already filed;

• 566-02-1367: the grievor was intimidated and threatened with discipline if she filed a grievance.

3 On April 8, 2008, I heard the respondent’s objections concerning the arbitrability of these grievances. On April 9, 2008, after considering the respondent’s arguments and the grievor’s reply, I communicated my decision orally to the parties to dismiss the grievances.

4 These grievances relate to the interpretation or application of the collective agreement in respect of the grievor. The grievor would need, in accordance with subsection 209(2) of the Public Service Labour Relations Act (“the Act”), the approval of her bargaining agent to represent her in the adjudication proceedings. These grievances are not related to disciplinary actions resulting in termination, demotion, suspension or financial penalty, and consequently do not come within the purview of paragraph 209(1)(b) of the Act.

5 These grievances being presented without the support of the bargaining agent, and not being of a disciplinary nature, I am left without jurisdiction to decide them.

6 For all of the above reasons, I make the following order:

Order

7 The grievances are dismissed.

May 7, 2008.

Michele A. Pineau,
adjudicator