FPSLREB Decisions

Employer's failure to implement a collective agreement in a timely fashion - Extension of time to implement a collective agreement - Operational Services Group - Sections 21 and 57 of the Public Service Staff Relations Act (PSSRA) - the employer did not implement the Operational Services Group collective agreement within the ninety-day period provided for in section 57 of the PSSRA - within this period, the employer realized it would not meet the statutory deadline and took the following measures: approval of extensive voluntary overtime and work at home, postponement of most discretionary leaves, temporary reallocation of staff, provision of quiet hours to allow staff to work without interruptions, and giving top priority to implementation work - the employer also applied, within the ninety-day period, for an extension of time to implement the Operational Services Group collective agreement - the collective agreement was fully implemented 12 days after the expiry of the statutory period - the employer alleged that the implementation problems were not foreseeable and that it had not been negligent or incompetent in its conduct - the bargaining agent responded that, by exercising due diligence, the employer would have known the problems that lay ahead - the Board extended the period of time to implement the Operational Services Group collective agreement. Application for an extension of time allowed. Complaint dismissed.