October 1, 1996
28.4.412
The grievor maintains that the department did not allow alternates under the WFA Directive. The grievor sought consideration as an alternate and approval of ERI. The grievor also sought rights under the WFA Directive and receive all benefits to today's date to be made whole in the event that he would become an alternate in the future.
The grievor maintained that he volunteered to be an alternate to one of two affected positions. His request was accepted by the Acting Regional ADM and sent to Ottawa for approval by the ADMHR in Ottawa who denied his request. The grievor contended that he had met all conditions for the approval of his request. For the previous reasons, he was of the opinion that he had not been treated within the intent of the directive.
The Department maintained that the grievor volunteered to alternate with one of two affected employees. The Acting Regional ADM approved the request and forwarded it to the ADM Human Resources who has the authority in the department to authorize such request. The ADMHR met with Adjustment Committee to review the request. As result of that meeting additional funds became available for the program where the two affected employees were working and making it unnecessary to declare the two employees surplus. This information was communicated to the Acting Regional ADM who then withdrew the request of the grievor. Subsequently, the two affected employees were placed in other positions in the region and there was no longer the opportunity for the grievor to alternate. However, the grievor's name has been kept on the list of persons willing to alternate with affected employees should an opportunity arise. The department maintained that the grievor was treated within the intent of the directive.
The Executive Committee agreed that the grievor was treated within the intent of the Directive. The grievor had been placed on a voluntary list of non-surplus employees. The department acted in accordance with article 7.2.6 of the Directive and the employee had not been declared surplus.
The grievance was denied.