FPSLREB Decisions

Preliminary objections were raised to the Board’s jurisdiction to hear the two grievances. The first involved a suspension without pay, pending an investigation. The second concerned a subsequent termination, which was applied retroactively to the suspension date. The employer argued that the Board did not have jurisdiction to hear the suspension grievance because the suspension was administrative and not disciplinary, that the suspension grievance was moot because the termination was backdated to the first day of the suspension, and that the termination grievance, since it was filed and referred to adjudication outside the time limits, was barred. In his response, the grievor applied for an extension of the prescribed time limits under s. 61(b) of the Federal Public Sector Labour Relations Regulations. The Board held that by backdating the termination to the first day of the suspension, the employer consolidated the suspension and the termination into a unique and single disciplinary measure, thus rendering the suspension grievance moot. Because the suspension was properly before the Board, the termination that replaced the suspension fell within the Board’s jurisdiction for adjudication. Consequently, it was not necessary to consider the grievor’s extension-of-time application.

Employer’s request to dismiss the grievances dismissed.
Employer’s objection that the suspension grievance was moot granted.
Matter to be scheduled for a hearing.