FPSLREB Decisions

Compensation - Involuntary absenteeism - Picketing - Jurisdiction - the grievors work in a taxation centre and belong to a bargaining unit represented by the Professional Institute of the Public Service of Canada - some of their colleagues at the taxation centre belonged to a bargaining unit represented by the Public Service Alliance of Canada and were in a strike position - on 21 occasions, the strikers delayed their colleagues or prevented them from entering the work place - on the last day of the strike, the grievors waited until 11:00 a.m. in front of the taxation centre for the employer to help them go into their work - although the employer asked them to come in to work, he did not ask the police, who were present, to ensure their access to the taxation centre - the employer did not pay the grievors for that day - the grievors alleged that they had been paid on every other occasion when the strikers had delayed or prevented their coming in to work - the employer replied that cutting the grievors' pay was an administrative measure as they did not work that day - he maintained that they did not make the necessary effort to enter the work place - the employer objected to the adjudicator's jurisdiction on the ground that the pay cut was an administrative measure - the adjudicator concluded that it was not an administrative measure - he found that the grievors went on duty when they reported at the work place on the last day of the strike - the adjudicator was of the view that the grievors wanted to enter the work place, but the employer did not ensure their entry. Grievances allowed. Cases cited: Morneau (166-2-10080); Berthiaume (166-2-2335).