Banton v. Canada ( Treasury Board )
T-1181-93
MacKay J.
25/1/95
11 pp.
Judicial review of PSSRB's denial of grievance -- As Canadian Coast Guard employee, applicant serving on vessel operating on "lay-day operational manning system", terms and conditions of which set out in collective agreement -- Worked 28 days from November 27 to December 24, 1991 -- During 28 scheduled lay-days off from December 25, 1991 to January 22, 1992 called in to work last 14 days -- Next 28 days taken off as lay-days ashore -- Received regular bi-weekly pay for period from December 25, 1991 to January 22, 1992 and cash equivalent of three lay-days for each day worked from January 8 to 22 -- With respect to each lay-day worked, lay-day deducted and none credited so that on January 22 had no lay-days left in bank -- Applicant submitting compensation for working on lay-days should be same as for other days worked i.e. one lay-day plus three days' pay -- Equivalent to overtime at double time and a half rather than time and a half as employer interpreted it -- Presented evidence of negotiation history of relevant provisions -- Applicant submitting lack of reasons in adjudicator's decision for disregarding that evidence demonstrating failure to consider negotiating history -- Submitting adjudicator erred in law (1) by failing to consider negotiating history; (2) in considering grievor's claim constituting "pyramiding" of benefits -- Application dismissed -- PSSRB Regulations and Rules of Procedure, s. 80 setting out four elements to be contained in adjudicator's decision -- So long as reasons read as whole make clear grievor's arguments, legal principles, method applied by adjudicator, and adjudicator's findings against applicant, requirements of provision fulfilled -- Adjudicator's reasons not to be read microscopically in judicial review application hearing -- Adjudicator's reasons substantially complying with requirements of s. 80 i.e. reviewing background of grievance, summarizing evidence -- That not expressly addressing testimony not evidence Adjudicator ignored that evidence even if ultimately not given great weight -- Adjudicator not erring by failing to have regard to totality of evidence before him -- Applicant not meeting onus of establishing adjudicator's interpretation of collective agreement patently unreasonable, clearly irrational -- Considering provision every day, including lay-day considered "working day" and that officer paid his regular pay for entire cycle of 28 days on board and 28 lay-days, applicant correctly paid regular pay and additional cash equivalent of three lay-days for each day worked during scheduled lay-days -- Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 92, 101 -- P.S.S.R.B. Regulations and Rules of Procedure, SOR/90-771, s. 80.