The Federal Court of Canada recently confirmed the PSAC’s alternation victory by dismissing Treasury Board’s application.
In February 2014, the Federal Court heard an application for judicial review brought forward by Treasury Board challenging the alternation policy grievance decision issued by the Public Service Labour Relations Board (PSLRB), which was in favour of PSAC.
The court rejected Treasury Board’s argument that employees about to lose their jobs had limited rights when it comes to alternation. The PSAC successfully argued that Treasury Board’s view made no sense and directly violated the key WFAA objective of maximizing employment opportunities for affected employees.
This decision confirms PSAC’s policy grievance and strengthens the employer’s obligation to establish an effective alternation system.
Treasury Board now must take responsibility for its failure on alternation and immediately ensure all departments respect the collective agreement.
The PSAC will continue to make sure that employees who wish to find an alternate have been given every possible opportunity to do so under the terms of the collective agreement.
