FPSLREB Decisions

Discipline - Financial penalty ($1000) - Refusal to report for work - Picket line - Incumbents of designated positions under the Public Service Staff Relations Act (PSSRA) - Prison guards - Jurisdiction - the grievors were correctional officers at a maximum security institution - they held positions that had been identified as positions having safety or security duties under the PSSRA - a picket line had been set up in front of the workplace - the employer had made arrangements for the picket line to be opened during a five to ten-minute period and had notified the incumbents of designated positions in advance of the procedure for reporting to work - the grievors saw that the picket line was open but did not report for work - however, other employees did do so - the adjudicator found that paragraph 92(1)(b) of the PSSRA granted him jurisdiction to hear the grievance - the employer argued that the grievors had not followed the employer's directives and had no intention of reporting for work - the grievors replied that the employer had not followed its own directives, that the financial penalty of $1000 was excessive and that a picket line could not be breached - the adjudicator found that the grievors were aware of the employer's directives and could have followed them and that they had decided not to report for work - the adjudicator determined that, although the amount of the financial penalty was borderline acceptable, it was justified in the circumstances. Grievances denied. Cases cited:Public Service Alliance of Canada v. Treasury Board (148-2-305 to 365).