Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency)

2018 FPSLREB 82

  • Before:  John G. Jaworski
  • Decision Rendered:  October 16, 2018
  • Original Language:  English

Subject terms:

Labour relations – Policy grievance – Definition of “calendar month”

The Public Service Alliance of Canada (PSAC) filed a policy grievance under s. 220 of the Public Service Labour Relations Act stating that the Canada Border Services Agency (CBSA) failed to compensate members who worked 75 hours performing dues in the month of June, in accordance with the provisions of Appendix J of the collective agreement – the agreement provided benefits for employees who worked 75 hours in a calendar month – the CBSA partially allowed the grievance, stating that only those who worked 75 hours between June 21 (the effective date of the provision in question) and June 30 were entitled to the allowance for that month – the Board found that the employer’s submission was not in accordance with the term “annual” and the rest of the agreement – if it were true, an employee could receive payment for 13 months and not 12 months over the course of one year – the Board conceded that the effective date, when read on its own, meant that the benefits were to start on June 21 – however, article 4 of the Appendix stated that the benefits were to be paid to employees who met the 75-hour threshold per calendar month – June is a calendar month – the Board concluded that if the term “calendar month” would have meant something different, it would have been explained in the agreement – as a result, every employee who worked 75 hours during the entire month of June was entitled to the benefit.

Grievance allowed.