FPSLREB Decisions

Penological Factor Allowance - Correctional officer - the grievor, who worked at a medium security institution, grieved that his penological factor allowance (PFA) had been reduced from the maximum amount, although he alleged he was supervising maximum security inmates on an ongoing basis - the employer's position was that the grievor was receiving the correct amount as he had continual contact with medium security inmates and limited contact with maximum security offenders - the evidence established that parts of the institution were classified at the maximum security level - the institution was, therefore, considered to be multi-level - of the 425 inmates at the institution, 15 were classified at the maximum security level - the grievor was responsible for a workshop within the institution where he supervised inmates - from time to time, some of the inmates whom he supervised were classified at the maximum security level - the adjudicator concluded that the grievor was entitled to a PFA at the continual maximum security level for the periods of time he had custody of inmates housed in maximum security units, regardless of where in the institution the work was performed. Grievance allowed in part. Cases cited: Osmack (166-2-17218); Osmack v. Canada (Treasury Board), [1989] F.C.J. No. 814; Mailloux (166-2-28560).