FPSLREB Decisions

Terminable allowance - Adjudication procedure - Support of bargaining agent - Representation by bargaining agent - Jurisdiction - the grievor's position was reclassified from the Computer Systems (CS) Group to the Technical Services (TS) Group, with a lower maximum rate of pay - employees occupying positions in the CS Group are part of the CS Group bargaining unit, for which the Professional Institute of the Public Service of Canada (PIPSC) is the bargaining agent - employees occupying positions in the TS Group are part of the TS Group bargaining unit, for which the Public Service Alliance of Canada (PSAC) is the bargaining agent - a memorandum of agreement between the PIPSC and the employer (MOU) provided that incumbents of positions reclassified to a group or level having a lower attainable maximum rate of pay shall have their salary protected - a similar agreement existed between the PSAC and the employer - prior to the reclassification, the grievor was entitled to a terminable allowance pursuant to the CS Group collective agreement - following the reclassification, the grievor continued to receive the terminable allowance, until the employer informed him that he was not entitled to it and that recovery action would be taken - the TS Group collective agreement does not provide for the payment of a terminable allowance - the grievor grieved the employer's decision to recover the terminable allowance paid to him since the reclassification of his position - the PIPSC approved the referral of the grievance to adjudication and represented the grievor at the adjudication hearing - the employer objected to the adjudication of the grievance on the ground that the PIPSC was not the grievor's bargaining agent - the PSAC did not take issue with the PIPSC's representing the grievor - both the PIPSC and the PSAC argued that, pursuant to the MOU, the grievor retained his former group and level for all purposes and remained in the CS Group bargaining unit - the employer responded that the MOU relates to pay entitlements only - the adjudicator found that the grievor was not entitled to a terminable allowance - she found that the grievor became part of the TS Group bargaining unit and that the CS Group collective agreement no longer applied to him - she also found that the MOU no longer applied to the grievor, as the PIPSC was no longer his bargaining agent - she further found that the MOU relates to pay matters and that a terminable allowance does not form part of an employee's salary under the CS Group collective agreement. Grievance denied. _______________________