FPSLREB Decisions

Decision Information

Hebert v. Treasury Board (Correctional Service of Canada)

Collection FPSLREB Decisions
Decision Rendered 2017-01-20
Citation 2017 PSLREB 9
File Number 566-02-11484, 566-02-11485, 566-02-11486
Before David Olsen
Decision Type Labour Relations
Subject Terms Standby pay
Keywords Labour relations – Standby pay – Settlement discussions – Settlement
Original Language English
Summary:

The grievors stated that the employer had wilfully neglected to apply article 31 of their Operational Services collective agreement, dealing with standby pay – after opening submissions, the parties commenced settlement discussions, resulting in a final and binding settlement – at the request of the parties, the Board issued a declaration that the employer violated article 31 by not applying standby pay.Grievances settled through settlement discussions.

Decision Content



Public Service Labour Relations
and Employment Board Act and
Public Service Labour Relations Act

Coat of Arms - Armoiries
  • Date:  20170120
  • File:  566-02-11484 to 11486
  • Citation:  2017 PSLREB 9

Before a panel of the Public Service Labour Relations and Employment Board

BETWEEN

GERALD HEBERT, HEATHER REID, AND EMILE ROACH

Grievors

and

TREASURY BOARD
(Correctional Service of Canada)

Respondent

Indexed as
Hebert et al. v. Treasury Board (Correctional Service of Canada)


In the matter of individual grievances referred to adjudication


Before:
David Olsen, a panel of the Public Service Labour Relations and Employment Board
For the Grievors:
Doug Hill, representative, Public Service Alliance of Canada
For the Respondent:
Joel Stelpstra, counsel
Heard at Moncton, New Brunswick,
November 17, 2016.

REASONS FOR DECISION

Individual grievances before the Board

1         These three individual grievances state that the employer wilfully neglected to apply article 31, dealing with standby pay, of the relevant Operational Services collective agreement. They were heard before the Public Service Labour Relations and Employment Board (“the Board”) in Moncton, New Brunswick, on November 17, 2016.

2        After hearing the parties’ opening submissions, the Board agreed to a short adjournment, during which the parties engaged in settlement discussions. They agreed to enter into a full and final binding settlement of the grievances and requested that the Board incorporate their agreed statement into a consent order.

3        The parties’ agreed statement reads as follows: “On consent the parties agreed that the Board issue a declaration that the employer violated article 31 of the relevant collective agreement by not applying standby pay in respect of its work practices during time relevant to the grievances.”

Reasons

4        For all of the above reasons, the Board makes the following order:

Order

5        The Board declares that the employer violated article 31 of the relevant collective agreement by not applying standby pay in respect of its work practices during time relevant to the grievances.

January 20, 2017.

David Olsen,
a panel of the Public Service Labour Relations and Employment Board

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