Years of Service Policy Grievance Resolved

April 16, 2013 When CAPE initiated this action, it was with the goal of establishing a consistent interpretation of the National Joint Council Workforce Adjustment Directive (NJC WFAD) applicable to CAPE EC and TR members, regarding the definition of “service”.
In November 2012, the employer, pursuant to a policy grievance filed by the Association, acknowledged that all service, as define in the NJC WFAD, whether continuous or discontinuous, shall count for the purpose of calculating the Transitional Support Measure. That having been determined, the matter of a retroactive effective date remained to be established. This date has now been agreed upon, and the application of the revised interpretation of “service” is April 1, 2012.
The employer recently sent the following instructions to all Chiefs of Labour Relations in the federal public service:
“The purpose of this message is to provide clarification regarding the implementation and retroactive effect of the Information Bulletin, dated November 16, 2012, entitled “Calculation of Service for the Payment of the Transition Support Measure” issued as a result of a policy grievance filed by the Professional Institute of the Public Service of Canada (PIPSC) and the Canadian Association of Professional Employees (CAPE).
The effective date of implementation for the above-referenced Interpretation Bulletin is April 1, 2012.
For those employees who have left or have elected to leave the public service between April 2, 2012 and on or before November 16, 2012, adjustments to the payments issued should be made only for those who are positively impacted by the change in interpretation.
Consequently, CAPE considers this matter to be resolved to its satisfaction, and will not be pursuing this grievance any further.