A-28-81
Professional Institute of the Public Service of
Canada (Applicant)
v.
Public Service Staff Relations Board (Respond-
ent)
Court of Appeal, Urie and Le Dain JJ. and Kerr
D.J.—Ottawa, June 5, 1981.
Judicial review — Labour relations — Application to set
aside Public Service Staff Relations Board's decision that it
did not have jurisdiction to make certain arbitral awards —
Application dismissed — Federal Court Act, R.S.C. 1970 (2nd
Supp.), c. 10, s. 28 — Public Service Staff Relations Act,
R.S.C. 1970, c. P-35, s. 70(1).
APPLICATION for judicial review.
COUNSEL:
John D. Richard, Q.C. for applicant.
John E. McCormick for respondent.
Marguerite-Marie Galipeau-Mayrand for
mis -en-cause.
SOLICITORS:
Gowling & Henderson, Ottawa, for applicant.
Deputy Attorney General of Canada for
respondent and mis -en-cause.
The following are the reasons for judgment of
the Court delivered orally in English by
URIE J.: The decision of the Public Service Staff
Relations Board that "the establishment of a sepa
rate pay plan or separate rate of pay for a special
group of positions in the Biological Sciences Group
would have the effect of creating a new classifica
tion level for these positions" was, in the opinion of
the majority of the Court (Le Dain J. dissenting),
correct. The Board thus correctly held that it did
not have jurisdiction under subsection 70(1) of the
Public Service Staff Relations Act, R.S.C. 1970,
c. P-35, to make an award adding Article 19.07 to
the collective agreement.
In so far as the proposed amendments to
Articles 24.02 and 24.03 are concerned, we are all
of the opinion that the Board properly held that it
lacked jurisdiction under subsection 70(1) to make
an award with respect thereto. In our opinion the
proposed amendments with respect to "Attendance
at Conferences and Conventions" and "Profession-
al Development" do not relate to leave entitlement
within the meaning of that subsection.
The section 28 application will, therefore, be
dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.