FPSLREB Decisions

Decision Information

Nitschmann et al. v. Treasury Board (Department of Public Works and Government Services Canada)

Collection FPSLREB Decisions
Decision Rendered 2009-10-01
Citation 2009 PSLRB 118
File Number 166-02-32682, 166-02-32683, 166-02-32684, 166-02-32685, 166-02-32686, 166-02-32687, 166-02-32688, 166-02-32689, 166-02-32690, 166-02-32691, 166-02-32692, 166-02-32693
Before Ian R. Mackenzie
Decision Type Labour Relations
Original Language French
Summary:

No summary has been written for this decision. Please refer to the full text.

Decision Content



Public Service 
Staff Relations Act

Coat of Arms - Armoiries
  • Date:  2009-10-01
  • File:  166-02-32682 to 32693
  • Citation:  2009 PSLRB 118

Before an adjudicator

BETWEEN

FRANK NITSCHMANN ET AL.

Grievors

and

TREASURY BOARD
(Department of Public Works and Government Services Canada)

Employer

Indexed as
Nitschmann et al. v. Treasury Board (Department of Public Works and Government Services Canada)

In the matter of grievances referred to adjudication pursuant to section 92 of the Public Service Staff Relations Act

REASONS FOR DECISION

Before:
Ian R. Mackenzie, adjudicator

Decision rendered without an oral hearing

1 The decision on the remedy for these grievances (2007 PSLRB 101) was the subject of judicial review applications by both parties. The Federal Court of Appeal allowed the judicial review application of the bargaining agent, in part (2009 FCA 263). The Court determined that the grievors were entitled to compensation for designated holiday pay.

2 The bargaining agent submitted, at paragraph 26 of their written submissions in 2007 PSLRB 101, the following:

If over the life of the 12-hour/12-week schedule, there is a reduction in statutory holiday compensation when compared to the 12-hour/5-week schedules covering the same 12 week period, the difference is compensable as damages for the entire period covered by the Order.

3 The relevant collective agreement article (article 32,Operational Services collective agreement, expiry date: August 4, 2003) refers to “designated paid holidays” rather than “statutory holiday compensation,” but the terms are interchangeable.

4 In accordance with the Federal Court of Appeal’s decision, the order in 2007 PSLRB 101 is amended as follows.

Order

5 The damages to be calculated for the grievors include payment for any reduction in compensation for designated holiday pay for the period from October 28, 2002 to July 4, 2005. 

October 1, 2009.

Ian R. Mackenzie,
adjudicator

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