FPSLREB Decisions

Jurisdiction - Pay - Annual leave - Management rights - the grievor was employed as a marine officer on board the CCGS CAPE ROGER - the employer placed the grievor on off-duty status during the refit of the CCGS CAPE ROGER, as the employer was unsuccessful in its attempt to find him an alternate assignment - the grievor utilized his annual leave credits to cover the period in question - the grievor claimed that the employer placed him on forced leave when it did not call him back to work during the refit period - the employer questioned the jurisdiction of an adjudicator to hear and determine the grievance, on the ground that the employer had the legal right to place the grievor on off-duty status during the refit period and was under no obligation to find him alternate employment - furthermore, the employer submitted that the grievor had not referred to the annual leave provisions of the collective agreement until he referred his grievance to adjudication - this constituted a change in the nature of the grievance, which was not permissible - the Chairperson found that this objection had no merit, as it was clear that the grievance, as filed, had always related to leave entitlements - furthermore, an adjudicator has jurisdiction to hear and determine the grievance which relates to pay and annual leave entitlements as set out in a collective agreement. Jurisdiction taken. Case cited:P.S.A.C. v. Canada (Canadian Grain Commission) (1986), 5 F.T.R. 51 (F.C.T.D.).