Gasbarro v. Treasury Board (Canadian Transportation Accident Investigation and Safety Board)

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2007 PSLRB 87

Before: Dan Butler
Decision Rendered: August 16, 2007
Original Language: English

Subject terms:

Compensation – Standby pay – De facto requirement – Remedy – Technical Services Group bargaining unit

The grievor grieved his employer’s decision to not pay him standby pay – the adjudicator found that the employer had not specifically identified the grievor for standby duty – however, the grievor was, on a balance of probabilities, subject to a de facto standby requirement – the employer breached the collective agreement – the grievor was entitled to standby pay beginning 25 days before his grievance was filed until the employer clearly indicated to him that he was not on standby duty.

Grievance allowed in part.