# 2012-171 Careers, Class B Reserve Service, Reserve Force

Case Summary

F&R Date: 2013–02–28

The grievor's Class “B” Reserve Service was delayed because the original Reserve Employment Opportunity was listed by the Brigade Headquarter with the wrong position number. The grievor sought the pay and benefits that would have resulted had his period of Class “B” Reserve Service commenced as originally indicated.

The Initial Authority acknowledged that the grievor was not responsible for the delay but nonetheless denied redress on the basis that he could not authorize Class “B” Reserve Service for a period where no valid Temporary Reserve Position existed.

The Board considered that the instructions contained in the Offer of Employment and Route Letter represented the authority document for the commencement of Class “B” Reserve Service and that the invalid position number was simply an administrative error that should not be used to deny redress in this case.

Ultimately, based on the evidence on file, the Board found that:

• The Brigade Headquarter had originally expected the grievor to commence his Class “B” Reserve Service on the original start date;

• Both the unit and the grievor believed that the grievor was serving his Class “B” Reserve Service and expected that the paperwork would be completed in due course; and

• During the one month delay period, the grievor's employment schedule matched that of Class "B" Reserve Service.

While it acknowledged that pay could not be authorized for service not rendered, the Board concluded that the grievor had effectively served on Class “B” Reserve Service for the entire delay period and, therefore, should have received the pay and benefits for his service.

The Board recommended that the grievance be upheld by amending the grievor's Class “B” Reserve Service start date.

CDS Decision Summary

CDS Decision Date: 2013–09–13

The FA agreed with the Board's recommendation that the grievance be granted. The FA did not agree with the Board that the issuance of the Offer of Employment and Route Letter constituted the authority to employ the grievor on Class ''B'', as he was advised on the same date that the offer had to be rescinded because the mandatory documentation to create a temporary reserve position was not received. However, despite having no authority to do so, the grievor's unit continued to employ him on a full-time basis, and the FA agreed with the Board that the grievor was unfairly treated.