FPSLREB Decisions

Eleven grievors, all excise duty and tax officers classified at the SP-06 group and level, filed individual grievances, alleging that the employer failed to compensate them appropriately in terms of acting pay for duties that they performed before a workplace reorganization – after the reorganization, the grievors remained at the same group and level, but their job descriptions were amended, and some audit functions that they had previously performed were reassigned to individuals classified at the AU-02 and AU-03 group and levels – the grievors sought retroactive pay to their start dates as SP-06 officers – five of the grievors had also filed classification grievances – the respondent raised a preliminary objection that the Board had no jurisdiction as the grievances were, in fact, classification grievances and not acting pay grievances – applying the test in Bungay v. Treasury Board (Department of Public Works and Government Services), 2005 PSLRB 40, and a common sense approach, the Board found that it had no jurisdiction, as the grievances all related to classification and not acting pay – the periods worked by the grievors did not end because a period of assignment to acting duties concluded but rather because of external events, i.e., a reorganization and reclassification of their duties.

Grievances denied.