FPSLREB Decisions

Individual grievance referred to adjudication

1      Claude Lacoste (“the grievor”) is an employee of the Correctional Service of Canada (“the employer”) at Cowansville Institution in Quebec. The grievor is a correctional officer and is part of the bargaining unit represented by the Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada - CSN.

2      The grievance alleges that the employer refused to reinstate the grievor in his correctional officer position and that he was constructively dismissed.

3      As corrective action, the grievor requests that he be reinstated in his position effective December 30, 2005, and be paid his lost wages and benefits.

4      On February 26, 2008, at the start of the hearing of Board File No. 566-02-642, the parties advised me that they had reached a settlement. They asked me to record the settlement, which is reproduced below, and to make a decision incorporating its terms and conditions. I granted their request.

5 The parties agreed to file the following settlement agreement with the Public Service Labour Relations Board and asked me to issue an order in accordance with their settlement.

[Translation]

As stated on February 26, 2008, before the adjudicator at the hearing of grievance PSLRB 566-02-000642, the employer requests the adjudicator to record that the employer accepts all the corrective actions requested by the grievor in his grievance, without prejudice and without admitting that there was a constructive dismissal.

Therefore, the employer shall, as soon as possible, pay to the grievor the wages and benefits set out in the applicable collective agreement that the grievor would have been entitled to for the period from January 16, 2006, until his return to work on March 15, 2007, as provided in the return-to-work plan that the parties agreed to on December 30, 2005. It is understood that any wages or benefits received during that period will be deducted from the amounts to be paid.

[Emphasis in the original]

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

Order

7 I order that the employer comply with the corrective actions requested by the grievor and pay the grievor, as soon as possible, the wages and benefits provided in the collective agreement for the period from January 16, 2006, to March 15, 2007, less any wages or benefits received by the grievor during that period.

May 14, 2008.

PSLRB Translation

Roger Beaulieu,
adjudicator