FPSLREB Decisions
Decision Information
Contract interpretation - Grievance procedure - Loss of bargaining agent's support - Standing to refer grievance to adjudication - Subsection 92(2) of the Public Service Staff Relations Act (PSSRA) - Jurisdiction - the grievor grieved the employer's application and interpretation of a provision of his collective agreement - at the hearing, his bargaining agent informed the adjudicator that it was withdrawing its support to the grievance - the adjudicator found that the grievance could not proceed to adjudication and, therefore, ended the hearing and ordered the file closed. Grievance denied.
Decision Content
File: 166-2-28241 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN FEHIM KAMALI Grievor and TREASURY BOARD (National Defence)
Employer
Before: J. Barry Turner, Board Member For the Grievor: Francine Cabana, Public Service Alliance of Canada For the Employer: Roger Lafrenière, Counsel Heard at Winnipeg, Manitoba, January 6, 1999.
Decision Page 1 DECISION At the outset of the hearing, the representative of the bargaining agent asked for some time to meet with the grievor. I granted her request. After a brief break, Ms. Cabana advised me that the bargaining agent, with the consent of the grievor, was withdrawing its support for the grievance. Since the grievance applies to an interpretation of a collective agreement that now no longer has the support of the bargaining agent, it cannot proceed to adjudication according to subsection 92(2) of the Public Service Staff Relations Act. Subsection 92(2) reads: (2) Where a grievance that may be presented by an employee to adjudication is a grievance described in paragraph (1)(a), the employee is not entitled to refer the grievance to adjudication unless the bargaining agent for the bargaining unit, to which the collective agreement or arbitral award referred to in that paragraph applies, signifies in the prescribed manner its approval of the reference of the grievance to adjudication and its willingness to represent the employee in the adjudication proceedings.
Under the circumstances, I therefore ended the hearing and order that this Board file be closed.
J. Barry Turner, Board Member.
OTTAWA, February 8, 1999.
Public Service Staff Relations Board