Case # 2011-089

Acting While So Employed (AWSE)

Case Summary

F&R Date: 2011–09–27

The grievor, a newly promoted Sergeant (Sgt) was posted into a Warrant Officer’s (WO) position for a three-year tour. Prior to his change of strength date he asked about the possibility of a promotion to acting while so employed (AWSE) WO. The grievor’s career manager (CM) did not support the request, indicating that holding the rank of WO was not essential to the position, that the grievor lacked sufficient time in rank for entry into the promotion zone (EPZ) and, finally, that a promotion would exceed the WO preferred manning level (PML).

There was no initial authority decision because the grievor refused to grant a further extension of time.

The Board examined the file, taking into account the requirements of the applicable policy, CANFORGEN 060/00 – Acting Pay/Rank effective June 2000, as well as previous grievance decisions regarding similar issues, and found that:

• the rank of WO was required for the position;

• an AWSE promotion would not cause the PML to be exceeded;

• the grievor met the requirement to be posted for a normal tour of duty and the position was empty, therefore, he lacked only two criteria to be eligible for an AWSE promotion; the EPZ date and the Intermediate Leadership Qualification (ILQ); and

• the awarding of an AWSE promotion to WO would be an appropriate use of the Chief of the Defence Staff's (CDS) discretion in this case because the CDS has granted waivers to the EPZ date and the ILQ in previous cases where the exercise of his discretion was merited.

The Board recommended that the CDS uphold the grievance and that he:

• waive the EPZ date and ILQ criteria;

• grant the member an AWSE promotion to the rank of WO for the three-year period he occupied WO position number 00009742;

• direct that the personnel evaluation reports affected by the AWSE promotion be amended to reflect the AWSE promotion; and

• direct that a review be performed to determine if a supplementary selection board is required.

The Board observed that the grievor appeared to not be the only Sgt posted into this WO position underranked and suggested that it would be appropriate and within the CDS’s authority to direct that the files of the grievor’s predecessor and successor, both Sgts, be reviewed.

CDS Decision Summary

CDS Decision Date: 2012–03–07

The FA agreed with the Board's findings and recommendation to grant the grievance by waiving the AWSE promotion requirements.

The FA found that this WO position continues to be manned with members who hold the rank of sgt and therefore, this issue was brought to the attention of CMP such that the proper rank and manning requirements for the position be reviewed.