FPSLREB Decisions

Contracting out - Work Force Adjustment Policy, 1988 v. Work Force Adjustment Directive, 1991 - the grievor received a notice of surplus status, under the Work Force Adjustment Policy, 1988 (WFAP), in view of the forthcoming "closure" of Canadian Forces Base (CFB) Portage la Prairie - the physical property of CFB Portage la Prairie was later sold to Southport Aerospace Centre Incorporated (SACI) - the primary flight, helicopter, and multi-engine training activities usually performed at CFB Portage la Prairie were contracted out to Bombardier - SACI contracted out the operation and maintenance of the physical plant and ground operations to a company associated with Bombardier - the grievor alleged that the Work Force Adjustment Directive, 1991 (WFAD) applied to him retroactively and, more particularly, its contracting-out provisions - the employer responded that the WFAD was not yet in force when the grievor was declared surplus and that the WFAP applied to him - the employer further alleged that the grievor's position had not been contracted out - the adjudicator decided that the sale of the physical property to SACI did not constitute contracting out under either the WFAP or the WFAD. Grievance denied. Cases cited: Kitson (166-2-25328); Kitson v. Attorney General of Canada (Federal Court, Trial Division, Court File No. T-391-95, unreported).