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Ruling about VSSA, Appendix B, and Seniority

Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency)
2011 PSLRB 132
FULL TEXT HERE

Before: Linda Gobeil Decision Rendered: November 17, 2011 Original Language: English Subject terms: Policy grievance – Seniority – Work schedule Collective agreement – Policy grievance – Variable shift scheduling arrangements (VSSAs) –

Whether seniority provisions applied VSSAs negotiated before the signing of the collective agreement – Meaning of “implemented”

The bargaining agent filed a policy grievance alleging that the employer had violated Appendix B of the collective agreement by not applying seniority to all VSSAs implemented after the signing of the collective agreement – the employer maintained that Appendix B of the collective agreement did not apply to VSSAs already in force at the time of the signing of the collective agreement – the adjudicator held that Appendix B applied only to new VSSAs implemented after the signing of the collective agreement or to those that were in force but were the subject of consultation between the parties as per the terms set out in Appendix B – those VSSAs that were merely “cycled through” or renewed after the signing of the collective agreement did not trigger the application of the seniority clauses related to years of service – the parties first had to engage in the discussion process specified in certain clauses of Appendix B before the rest of it could apply – Appendix B clearly stated that it applied only to VSSAs “implemented” after the signing of the collective agreement – the detailed protocol outlined in Appendix B must be followed before a new VSSA can be implemented in accordance with the collective agreement – the collective agreement did not provide any transitional measures, and none could be inferred.

Grievance dismissed.




How to negotiate a VSSA (CIU National Link)

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