FPSLREB Decisions

Recruitment and Retention Allowance - Letter of agreement - Unequal treatment - Human rights issue - Aircraft Operations Group - Jurisdiction - Sections 91, 92 and 96 of the Public Service Staff Relations Act - the grievor was a civil aviation inspector - he grieved the fact that the amount of recruitment and retention allowance he was receiving in accordance with a letter of agreement signed by the employer and his bargaining agent was inferior to that paid to other employees performing similar functions at the same classification level - the grievor alleged that the letter of agreement was discriminating by paying some employees less for work of equal value, in contravention to the Universal Declaration of Human Rights - the grievor added that "where there is a wrong, there is a remedy" - the employer objected to the adjudicator's jurisdiction to hear the grievance on the basis that the grievor was not challenging the interpretation or application of the letter of agreement, but seeking an amendment of the letter of agreement to provide him with a more generous allowance - the employer added that the letter of agreement was interpreted and applied correctly in respect of the grievor - the employer further submitted that the adjudicator had no jurisdiction to entertain the human rights argument advanced by the grievor - the adjudicator found that he did not have jurisdiction to address the human rights argument raised by the grievor - he further found that the grievance did not challenge the interpretation or application of the letter of agreement in respect of the grievor - the adjudicator concluded that he did not have the power to amend the letter of agreement - he added that the grievor's remedy lay at the bargaining table. Grievance denied. Cases cited:Capital Cities Communications Inc. v. Canadian Radio-Television Commission, [1978] 2 S.C.R. 141; Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; Canada (Attorney General) v. Boutilier, [2000] 3 F.C. 27 (C.A.).