FPSLREB Decisions

Jurisdiction - Workforce Adjustment Policy - the grievor's position was eliminated as a result of a regionalization process and her former duties were incorporated into another position - although the employer led the grievor to believe that she would be entitled to compete for this position, in fact, since it was not a new position, the incumbent thereof ultimately retained it - the employer made the grievor a reasonable job offer, as it was required to do under the Workforce Adjustment Policy, which she accepted - however, the grievor believed that, in not allowing her to compete for the position into which her previous duties had been incorporated, the employer failed to treat her equitably and failed to minimize the impact of the workforce adjustment upon her, all contrary to the provisions of the Policy - the employer argued that, although the Policy was an Appendix to the collective agreement, it was not part of the collective agreement as it had not been incorporated by reference therein - therefore, the adjudicator had no jurisdiction to hear and determine this grievance - the adjudicator rejected the employer's argument on the basis that the wording of the Appendix clearly indicated that the parties intended it to be part of the collective agreement - accordingly, the adjudicator concluded that she had jurisdiction to hear and determine the grievance - the adjudicator found that the grievor had not established that the employer had violated the collective agreement in this case - however, the adjudicator added that the employer could have treated the grievor more equitably under the circumstances. Grievance denied.