COLLECTIVE AGREEMENTS - Provisions - Grievances - Public service

Law360 Canada (September 12, 2019, 6:28 AM EDT) -- Application by union members for judicial review of an arbitrator’s decision finding that she lacked jurisdiction to determine the applicants’ grievances. The applicants were employed by the Canada Revenue Agency as large-file appeals officers. The applicants were all members of the Professional Institute of the Public Service of Canada. A collective agreement existed between the Canada Revenue Agency and the Institute. The applicants filed grievances alleging that their employer violated a clause of the collective agreement requiring the payment of acting pay to an employee when the employee was required by the employer to substantially perform the duties of a higher classification level on an acting basis for three consecutive working days. The applicants alleged that for a lengthy period they were performing such duties. The adjudicator found that she was without jurisdiction to consider the grievances because the issues raised were issues of classification, not issues of acting pay. The applicants represented themselves on the application for judicial review. The Attorney General argued that the applicants lacked standing to pursue their application because the applicants were not persons directly affected by the decision of the adjudicator....
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