FPSLREB Decisions

Policy grievance - Collective agreement - Correctional Services Group (CX) - Annual leave - Failure to consult bargaining agent's local representatives - Jurisdiction to grant the remedy being sought - Section 99 of the Public Service Staff Relations Act (PSSRA) - the employer met with the bargaining agent's local representatives before setting the schedule for annual leave, but did not discuss with them the criteria used to establish it - it applied a formula approved by the Regional Management Committee - the bargaining agent referred the matter to the Board and was seeking, among other things, an order to have the employer redefine the criteria for granting annual leave and to re-examine the requests for annual leave and give reasons for any refusal to grant leave - the employer objected to the Board's jurisdiction to grant such redress because it could be sought through individual grievances - the bargaining agent responded that such redress was intended to remedy the effects of the lack of prior consultation - the Board decided that, although it did not have jurisdiction to consider the forms of redress in question, it could hear the referral - the bargaining agent argued that the employer had not held genuine consultations - the employer responded that, although it had not accepted the representations of the bargaining agent's representatives, it had consulted them - the Board concluded that the employer had failed to hold the consultation required by the collective agreement and that the application of a regional formula for granting annual leave was contrary to the collective agreement - the Board directed that the employer henceforth consult the bargaining agent's local representatives before setting the schedule for annual leave. Grievance allowed.