Victory! PSAC wins salary protection for members

PSAC members transferred into the core public service from separate agencies recently won their grievance on salary protection. The workers, transferred from the Canada Revenue Agency and National Capital Commission had been reclassified and put into lower paying positions with no salary protection.

“This decision is important for all PSAC members in the federal public service,” said Robyn Benson, PSAC National President.

“Victories like this show why it’s important to continue supporting our bargaining teams and fighting for our negotiated rights."

Protection needed

At the CRA and NCC, employees had been covered under a different classification structure than the one that they were transferred into in the core public service. Once they were transferred, the employer reclassified their positions but refused to apply the salary protection provisions in their collective agreements. As a result, they faced substantially reduced salaries.

Grievances filed

These employees were covered under the collective agreements for the PA, SV and TC bargaining units, which have salary protection provisions. The employees filed grievances asserting that the employer should have applied those provisions.

PSAC argued that the employees had been reclassified and therefore should be covered under the salary protection clauses. The employer argued that it was not a reclassification or conversion, but that it had created new positions and transferred the employees into these new jobs, therefore salary protection did not apply.

Adjudicator agrees with PSAC

The adjudicator agreed with PSAC that it was a reclassification, stating that “the work formerly performed within the separate agencies was transferred, along with the incumbents of those positions, to the new CPA (core public administration) employers.”

The board declared that the employer violated the salary protection provisions in the PA, SV, and TC collective agreements by refusing to apply salary protection to the employees who were transferred from the CRA and the NCC.

Important precedent

The decision could impact the way transfers from separate agencies are treated in the future and the right to salary protection when employees are reclassified downward. 

Public Service Alliance of Canada v. Treasury Board 2016 PSLREB 61





July 20, 2016