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166-2-28487 (2000 PSSRB 25)
Ward and Treasury Board (Solicitor General Canada – Correctional Service)
Before: D. MacLean
Appearances: M. Tynes, for the Grievor; H. Newman, for the Employer
Decision rendered: March 28, 2000
Workforce Adjustment Directive – Layoff – grievor worked as a clerk at the Forensics Laboratory of the Royal Canadian Mounted Police (RCMP) in Sackville, New Brunswick when he was advised in April 1992 that his position was surplus to requirements and would be abolished in October 1992 – the grievor indicated that he was willing to consider an appointment to another position in the maritime area only – during this period the grievor was seconded to the Correctional Service, at the same classification and level, to work as a driver at Westmorland Institution – the secondment agreement was extended several times, as was the grievor's surplus status with the RCMP – grievor's secondment to Correctional Service came to an end on June 30, 1994 and he was laid off by the RCMP – on the same day, Correctional Service offered the grievor a term appointment as a driver at Westmorland Institution – although the term appointment was renewed several times, it ultimately came to an end on September 18, 1995 – grievor submitted a grievance to Correctional Service alleging various violations of the Workforce Adjustment Directive, which formed part of the relevant collective agreement – employer submitted that the Directive did not apply to term employees, which was the grievor's status at the time his employment ceased on September 18, 1995 – that was also the opinion of the National Joint Council when it considered the grievance – adjudicator concluded that the grievor had only been seconded to Correctional Service during his surplus period and the RCMP remained as his home department – grievor only became a term employee of Correctional Service after he was laid off by the RCMP on June 30, 1994 – therefore, Correctional Service was never his home department within the meaning of the Directive – when the grievor's term appointment with Correctional Service came to an end on September 18, 1995, the Directive did not apply to him.