FPSLREB Decisions
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Decision Content
Public Service Staff Relations Act
- Date: 2004-09-01
- File: 185-18-400
- Citation: 2004 PSSRB 127
Before the Public Service Staff Relations Board
IN THE MATTER OF
THE PUBLIC SERVICE STAFF RELATIONS ACT
and a dispute affecting the
Manitoba Food and Commercial Workers, Local 832
chartered by the United Food and Commercial
Workers International Union (AFL-CIO/CLC), as bargaining agent,
and the Staff of the Non-Public Funds, Canadian Forces, as employer,
in respect of all the employees of the Employer in the
Operational Category employed
at the Canadian Forces Base at Shilo, Manitoba
bargaining unit
TERMS OF REFERENCE OF THE ARBITRATION BOARD
| To: | Ken Strike, chairperson of the arbitration board; Bruce Durno and W.B. (Brian) Mallon, arbitration board members |
[1] In a decision dated July 14, 2004 (Citation 2004 PSSRB 87), I established an arbitration board in the above matter. The arbitration board was composed of Mr. Ken Strike, chairperson, Ms. Susan Hart-Kulbaba, nominee for the bargaining agent and Mr. W. B. (Brian) Mallon, nominee for the employer.
[2] In a letter dated August 20, 2004, Mr. Ron Fotti, Secretary-Treasurer of the United Food and Commercial Workers Union Local 832 informed the chairperson of the arbitration board that Ms. Hart-Kulbaba could no longer act as their nominee on the arbitration board. Mr. Fotti also requested that Ms. Hart-Kulbaba be replaced by Mr. Bruce Durno of Cambridge Nova Scotia, Mr. Durno having already indicated his willingness and availability to act as the new nominee for the bargaining agent.
[3] Accordingly, pursuant to section 82 of the Act, this will serve to confirm that the appointment of Ms. Hart-Kulbaba as member is hereby rescinded. This will also confirm that pursuant to sections 65 to 79 of the Act, I hereby establish in this matter an arbitration board composed of the following members:
Mr. Ken Strike, chairperson;
Mr. W.B. (Brian) Mallon; and
Mr. Bruce Durno, members.
[4] Pursuant to subsection 66 of the Act, the matters on which the arbitration board shall render an arbitral award in this dispute remain those set out as outstanding in paragraph 18 of my previous decision of July 14, 2004 (Citation 2004 PSSRB87).
[5] I would like to remind the arbitration board that should any further jurisdictional question arise during the course of the hearing as to the inclusion of a matter in these Terms of Reference, that question must be submitted forthwith to me because the Chairperson of the Public Service Staff Relations Board is, according to the provisions of subsection 66(1) of the Act, the only person authorized to make such a determination.
Yvon Tarte,
Chairperson
DATED AT OTTAWA, September 1, 2004.