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Public Service Alliance of Canada v. Canada (Treasury Board)
A-473-01
2002 FCA 447, Sexton J.A.
13/11/02
6 pp.
Judicial review of Public Service Staff Relations Board (PSSRB) decision dismissing Public Service Alliance of Canada (PSAC) reference under Public Service Staff Relations Act (PSSRA), s. 99 on basis PSAC had not established existence of obligation in collective agreement for purposes of Act, s. 99--In context of Phase II Human Rights Tribunal decision on pay equity complaint ordering wage gap for direct wages should be calculated to reflect finding of discrimination, PSSRB did not accept submission that all wage-related benefits decided thereby; PSSRB of opinion that matter left for Phase III--However, Phase III never took place as parties negotiated settlement of issues, parties agreeing terms of agreement settling all Phase II, Phase III issues relating to complaints--At parties' request, Human Rights Tribunal issued consent order indicating agreement constituting resolution of all remaining Phase II, Phase III issues relating to subject complaints made pursuant to Act, s. 11 on behalf of employees--Subsequent to issuance of consent order, PSAC claimed various other salary-related benefits which Treasury Board rejected--Reference followed-- Application dismissed--Incumbent upon applicant to satisfy PSSRB that consent gave effect to agreement specifying benefits and allowances be paid so as to give rise obligation under collective agreement--PSSRB on solid ground in holding as consent order not clear on this issue, existence of alleged obligation not established--Far from clear that memorandum of agreement, consent order can be said to give rise to such obligation--Effect of consent order limited by explicit terms of memorandum of agreement, with result that matters not articulated in consent order not contemplated thereby--Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 99 (as am. by S.C. 1992, c. 54, s. 72).