FPSLREB Decisions

Grievance resolution agreement - Application for execution - Application to dismiss the grievance pursuant to section 84 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 (Regulations) - Jurisdiction - Subsection 92(1) of the Public Service Staff Relations Act (PSSRA) - Definition of "arbitral award" in subsection 2(1) of the PSSRA - the parties had reached a memorandum of agreement resolving four grievances (two of which were sent to adjudication) and two complaints filed by the grievor - as a result, the grievor withdrew the two grievances sent to adjudication - the agreement contained a confidentiality clause, along with a $10,000 penalty - the grievor alleged that the employer revealed the contents of the agreement to the media and requested the payment of the penalty - the employer challenged the jurisdiction of an adjudicator to hear the grievance, arguing that the Board was no longer seized with the grievances, which had been subject to the agreement - the grievor claimed that this was a new grievance, which contested the failure to respect the agreement - the employer then objected to the jurisdiction of an adjudicator to hear such a new grievance on the ground that it could not be referred to adjudication pursuant to subsection 92(1) of the PSSRA - the grievor argued that Weber v. Ontario Hydro, [1995] 2 S.C.R. 929 gives jurisdiction to an adjudicator - the employer responded that paragraph 92(1)(a) of the PSSRA does not apply to a grievance resolution agreement - the grievor responded that, pursuant to paragraph 92(1)(a) of the PSSRA, the right to refer to adjudication a grievance dealing with an arbitral award includes a grievance that deals with a grievance resolution agreement - the Board found that a grievance resolution agreement does not fall within the definition of an "arbitral award" contained in subsection 2(1) of the PSSRA - the Board also found that the grievor's grievance was not one that could be referred to adjudication pursuant to section 92 of the PSSRA - the Board determined that in the circumstances it was appropriate to use the procedure set out in section 84 of the Regulations to dismiss the grievance.Application allowed.Grievance denied.Cases cited:Gascon, 2000 PSSRB 68 (166-2-28934); Kehoe, 2001 PSSRB 9 (166-2-29657).