Update: Employer Challenges PSAC and UNE Salary Protection Grievance Win

SalaryProtectionUpdate

A long-awaited decision was handed down by the Public Service Labour Relations and Employment Board (PSLREB) on July 4, 2016. It upheld the right to salary protection for members who transferred to the Department of Canadian Heritage from the National Capital Commission (NCC) in September 2013.

We now have confirmation that the employer has filed a judicial review of the decision before federal court. This is not an appeal, but rather the employer must prove that the PSLREB decision was unreasonable.

The PSAC will be fighting the judicial review and has retained the same legal counsel used to present the grievance. This win was especially important for defending the larger principle of salary protection for employees forced to change employer as a result of government restructuring.

In the meantime, the decision of the adjudicator stands, despite the review application. The PSAC will be working with UNE to ensure that affected members get answers to any questions they may have about the decision, the judicial review application and the implementation of salary protection.

The policy grievance, filed by the PSAC on December 12, 2013, involved 44 members who were transferred by government order and then told they would be paid under the Treasury Board’s classification system, meaning that they would see their salaries reduced by up to $12,000 per year.

The PSLREB decision gave affected employees entitlement to full salary protection under the PSAC and Treasury Board collective agreements effective from the date of transfer.