TREASURY BOARD Applicant v. PUBLIC SERVICE, 2017 FCA 111

Date: 20170524 Docket: A-275-16 Citation: 2017 FCA 111 CORAM: DAWSON J.A. BOIVIN J.A. DE MONTIGNY J.A. BETWEEN: TREASURY BOARD Applicant and PUBLIC SERVICE ALLIANCE OF CANADA Respondent Heard at Ottawa, Ontario, on May 24, 2017. Judgment delivered from the Bench at Ottawa, Ontario, on May 24, 2017. REASONS FOR JUDGMENT OF THE COURT BY: DAWSON J.A. Date: 20170524 Docket: A-275-16 Citation: 2017 FCA 111 CORAM: DAWSON J.A. BOIVIN J.A. DE MONTIGNY J.A.

BETWEEN: TREASURY BOARD Applicant and PUBLIC SERVICE ALLIANCE OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on May 24, 2017). DAWSON J.A. [ 1 ] The Public Service Labour Relations and Employment Board allowed a policy grievance brought by the Public Service Alliance of Canada.

The Board declared that the employer violated the salary protection provision contained in the Program and Administrative Services, Operational Services and Technical Services Group collective agreements by refusing to apply salary protection to the employees who were transferred respectively from the Canada Revenue Agency and the National Capital Commission to Shared Services Canada and the Department of Canadian Heritage. [ 2 ] On this application for judicial review of the Board’s decision, the Attorney General essentially re-argues submissions considered and rejected by the Board.

We too reject these submissions, substantially for the reasons given by the Board. [ 3 ] The Board’s decision was well grounded in the evidence before it. While the Attorney General has advocated for the

interpretation she would give to the definition of “reclassification” and to the intent of the 1982 Memorandum, she has not demonstrated that the

interpretations chosen by the Board were unreasonable. [ 4 ] It follows that the application for judicial review will be dismissed with costs. “Eleanor R. Dawson” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-275-16 STYLE OF CAUSE: TREASURY BOARD v. PUBLIC SERVICE ALLIANCE OF CANADA PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: May 24, 2017 REASONS FOR JUDGMENT OF THE COURT BY: DAWSON J.A. BOIVIN J.A. DE MONTIGNY J.A. DELIVERED FROM THE BENCH BY: DAWSON J.A. APPEARANCES : Karl Chemsi For The Applicant David Yazbeck For The Respondent SOLICITORS OF RECORD : William F.

Pentney Deputy Attorney General of Canada For The Applicant Raven, Cameron, Ballantyne & Yazbeck LLP Ottawa, Ontario For The Respondent