Brescia v. Canada (Conseil du trésor), 2005 CAF 236 (2005)

Date: 20050617

Docket: A-160-04

Citation: 2005 FCA 236

CORAM: DESJARDINS J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

RONALD BRESCIA, ROSA CARROLL, DEBRA JOLICOEUR

and TERRENCE MATSON

Appellants

v.

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

as represented by TREASURY BOARD

and THE CANADIAN GRAIN COMMISSION

Respondents

Heard at Ottawa, Ontario, on March 8, 2005.

Judgment delivered at Ottawa, Ontario, on June 17, 2005.

REASONS FOR JUDGMENT BY: DESJARDINS J.A.

CONCURRING REASONS BY: NADON J.A.

DISSENTING REASONS BY: PELLETIER J.A.

Date: 20050617

Docket: A-160-04

Citation: 2005 FCA 236

CORAM: DESJARDINS J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

RONALD BRESCIA, ROSA CARROLL, DEBRA JOLICOEUR

and TERRENCE MATSON

Appellants

v.

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

as represented by TREASURY BOARD

and THE CANADIAN GRAIN COMMISSION

Respondents

REASONS FOR JUDGMENT

DESJARDINS J.A.

[1] The appellants represent approximately 75 per cent of the full-time operational employees at the Canadian Grain Commission (the Commission) facility in Thunder Bay. They filed grievances, under section 91 of the Public Service Staff Relations Act (1985), RSC, c. P-35 (the PSSRA), challenging the decision of the Commission to place them and their co-workers, without the employees' consent, on "off-duty status" without pay, for a period of up to three months, beginning January 10, 2000. They request that all monies and time lost during the "off-duty" period be reinstated to them.

[2] The Commission is the federal department responsible for establishing and maintaining standards of quality for Canadian grain as well as regulating grain handling in Canada, to ensure a dependable commodity for domestic and export markets ( Canada Grain Act , R.S.C. 1985 c. G-10, section 13).

[3] During the relevant time period, the Commission's Thunder Bay facility employed 105 full-time permanent, indeterminate, non-seasonal employees, of which 89 were operational employees.

[4] The tenure of employees of the Commission is in keeping with the legislative scheme governing federal public service employment. It covers indeterminate non-seasonal employees who are permanent full-time indeterminate employees employed continuously throughout the year. Among them are those who were placed on "off-duty status". The Commission also hires indeterminate seasonal employees who are permanent full-time indeterminate employees for the dates only on which the St. Lawrence Seaway is open. The Commission also hires term employees to fill in where there are increased volumes of grain being shipped through Thunder Bay.

[5] The Commission employees are involved in the inspection and weighing of grain shipments as they are received into the terminals and as they are loaded out from the terminals onto ships. In ad...

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