CEIU members working as Adjudicators at the Immigration and Refugee Board have won a final victory in their reclassification battle. The Adjudicators, formerly classified as PM 5′s, were upgraded to the PM 6 level but the employer refused to provide full retroactivity. CEIU lawyers successfully argued the Adjudicator’s case at the Federal Court and full retroactivity is the net result.
Two classification grievance hearings were held, and the outcome of both was the same: the Adjudicator position remained at the PM 5 level. This was particularly frustrating because the employer insisted the position merited only 719 classification points – just short of the 720 needed to reach the PM 6 level.
After the first classification grievance hearing, the PSAC took the case to the Federal Court and succeeded in forcing the employer to hold a fresh hearing. When the second grievance hearing yielded the same unsatisfactory result, the CEIU decided to carry the case forward to Federal Court. The court again ruled against the employer and this time provided the direction needed to lift Adjudicators over the 720 point threshold. The decision also had the effect of making the classification upgrade fully retroactive.
"Members expect their union to go to the limit when there is a case to be argued" said CEIU National President Jeannette Meunier-McKay, "and we were determined to see the Adjudicators’ case through to a successful conclusion.
"Winning a classification upgrade is the main goal, but it’s not the only one. Without full retroactivity, members are not getting what they’re entitled to. We wanted a complete victory, and we got it."