Docket: A-275-16
Citation: 2017 FCA 111
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CORAM:
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DAWSON J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
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BETWEEN:
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TREASURY BOARD
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Applicant
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and
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PUBLIC SERVICE
ALLIANCE OF CANADA
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Respondent
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Heard at Ottawa, Ontario, on May 24, 2017.
Judgment delivered from the Bench at Ottawa, Ontario, on May 24,
2017.
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REASONS FOR JUDGMENT OF THE COURT BY:
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DAWSON
J.A.
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Docket: A-275-16
Citation:
2017 FCA 111
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CORAM:
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DAWSON J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
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BETWEEN:
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TREASURY BOARD
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Applicant
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and
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PUBLIC SERVICE
ALLIANCE OF CANADA
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Respondent
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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”
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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DOCKET:
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A-275-16
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STYLE OF CAUSE:
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TREASURY BOARD
v.
PUBLIC SERVICE
ALLIANCE OF CANADA
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PLACE OF
HEARING:
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OTTAWA, ONTARIO
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DATE OF
HEARING:
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May 24, 2017
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REASONS
FOR JUDGMENT OF THE COURT BY:
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DAWSON J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
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DELIVERED
FROM THE BENCH BY:
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DAWSON J.A.
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APPEARANCES:
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Karl Chemsi
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For The
Applicant
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David Yazbeck
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For The
Respondent
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
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For The
Applicant
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Raven, Cameron, Ballantyne & Yazbeck
LLP
Ottawa, Ontario
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For The
Respondent
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