Canadian Museum of Nature v. Bélanger
T-1949-94
Noël J.
7/12/95
21 pp.
Application for judicial review of decision by adjudicator declaring work force adjustment directive of 15/12/91, adopted by National Joint Council and Treasury Board for employees in its employ, binding upon Canadian Museum of Nature-Before 1/7/90, labour relations with respect to employees of Museum governed by master collective agreement between union and Treasury Board and by Public Service Staff Relations Act (PSSRA)-On 1/7/90, Museums Act coming into force, making Museum separate corporation, Museum substituted for Board as employer of its employees-Transitional provision maintaining master collective agreement in force until expiry date-Legislation freezing salaries in public service delaying expiry date on two occasions, until 1997-In meantime, on 15/12/91, work force adjustment directive adopted, guaranteeing reasonable offer of employment in public service to members of public service designated surplus-In July 1993, Museum designating employees surplus without offering them equivalent positions-Those employees filing grievances, claiming Museum had to apply 1991 directive-Adjudicator agreeing with employees-Application allowed-Standard of judicial review of adjudicator's decision resulting from interpretation of public statute that of correctness-Effect of 1990 Museums Act to exclude Museum from portions of federal public service specified in PSSRA, Schedule I, and to exclude its employees from framework of public service-Therefore, no longer employees under PSSRA, no longer under aegis of Public Service Employment Act-Her Majesty, represented by Treasury Board, ceasing to be employer of Museum's employees-Finally, powers of management conferred on Treasury Board under Financial Administration Act ceasing to apply to employees of Museum-Adjudicator's decision having effect of subjecting Museum to directives adopted by board of which not part, approved by employees' former employer-Decision erroneous-Parliament's intention as of 1/7/90 to confer upon new employer powers of personnel management previously belonging to Treasury Board and, from then on, to exclude any directive from Treasury Board on subject-After 1/7/90, only Museum and its employees had power to make changes to employees' working conditions-Absurd for Treasury Board and National Joint Council to be able to change working conditions of Museum's employees without knowledge of actual employer, Museum-Conclusion confirmed by close reading of three statutes (Public Sector Compensation Act, Government Expenditures Restraint Act, 1993 No. 2, Budget Implementation Act, 1994) extending term of collective agreement-Public Service Staff Relations Act, R.S.C., 1985, c. P35-Public Sector Compensation Act, S.C. 1991, c. 30-Government Expenditures Restraint Act, 1993 No. 2, S.C. 1993, c. 13-Budget Implementation Act, 1994, S.C. 1994, c. 18-Museums Act, S.C. 1990, c. 3-Public Service Employment Act, R.S.C., 1985, c. P-33.