The IPGHD is an NJC directive that was incorporated into collective agreements negotiated between the Public Service Alliance of Canada and the Treasury Board (TB) – the grievors contested the employer’s written notification advising them that Whitehorse, Yukon, no longer qualified for a Living Cost Differential – they alleged that there had been a misrepresentation or misapplication of the IPGHD because Statistics Canada had indicated to the NJC that the survey results on which the decision to remove Whitehorse from the IPGHD was based were suspect – the TB raised a preliminary objection to the jurisdiction of an adjudicator to be seized of the group grievance, alleging that it did not relate to the interpretation or application of the IPGHD – the employer applied the IPGHD in accordance with its express terms – the issue in this case did not concern the employer’s conduct but rather the NJC’s decision to endorse the results obtained by Statistics Canada – it was the content of the IPGHD that was contested – the grievors were contesting the NJC’s decision-making process and the content of the IPGHD – such an issue did not meet the definition of “grievance” contained in the NJC’s By-Laws – the framework governing the amendment of the IPGHD was respected – the remedy sought by the grievors amounted to seeking an amendment to the collective agreement, which would violate the prohibition in section 229 of the Public Service Labour Relations Act.

Grievance denied.