FPSLREB Decisions

PROCESS

1. The Public Service Staff Relations Board ("PSSRB") appointed Pierce Sutherland, on the nomination of the Treasury Board Secretariat ("Employer") and James Hayes, on the nomination of the Federal Government Dockyard Chargehands Association ("Association"), to this Arbitration Board ("the Board") on September 25, 2003. Mr. Sutherland and Mr. Hayes agreed upon the nomination of Jules Bloch to act as chairperson. On December 5, 2003, the PSSRB established this Arbitration Board.

2. The Terms of Reference from the PSSRB were issued on December 5, 2003. They are attached hereto as Appendix "A".

3. The Association represents 62 first-level supervisors working for the Department of National Defence at Fleet Maintenance Facility Cape Scott in Halifax, Nova Scotia who supervise skilled tradespeople and technicians in the repair, modification and refitting of naval vessels and equipment.

4. The previous collective agreement between the Association and the Employer expired on March 31, 2003.

5. The Employer and the Association exchanged extensive pre-hearing briefs with respect to all of the relevant facts and issues in dispute.

6. The parties met with the Board in Halifax on March 6 and 7, 2004. The Board deliberated in Halifax on March 8, 2004.

ISSUES

7. The following issues were presented to the Board for determination:

   1. Duration and Renewal - Article 32:02
   2. Rates of Pay- Appendix "A"
   3. Other Types of Leave With or Without Pay- Article 13.02(a)
   4. New Allowance Article

8. The positions of the parties briefly stated were:

   1. Duration and Renewal

      Association: two year term expiring March 31, 2005
      Employer: three year term expiring March 31, 2006

   2. Rates of Pay

      Association:

      • two new 5% pay increments effective April 1, 2003
      • elimination of all increments except the top three increments
      • economic increases of 3% effective April 1, 2003 and 3% effective April 1, 2004
      • a "me too clause" effective October 1, 2004 with the Charge Hand rates on the West Coast

      Employer:

      • elimination of the first four increments
      • economic increases 2% effective April 1, 2003, 1.5% effective April 1, 2004, and 1.5% effective April 1, 2005

   3. Other Types of Leave With or Without Pay

      Association: change bereavement leave entitlement from five consecutive calender days to "five days".

      Employer: renew

   4. New Allowances Article

      Association:

      • submarine trials
      • sea pay
      • height pay
      • dirty work
      • transfer at sea
      • team pay

      Employer:

      • no new allowances

9. The Board carefully considered all of the extensive written briefs, exhibits, submissions and all authorities presented. The Board received lengthy and exhaustive oral representations over the two days of hearings. The Board was grateful for the thoughtful and passionate submissions of both parties.

10. The Board in determining this matter carefully considered the PSSRA and in particular the criteria found in section 67 of the Act.

DECISION

11. The Decision of the Board is as follows:

    1. Duration and Renewal:

       • a three year term to expire on March 31, 2006

    2. Rates of Pay

       • delete the first five pay increments effective April 1, 2003
       • introduce one new 5% pay increment effective April 1, 2003
       • economic increase of 2.5% effective April 1, 2003, 2.5 % effective April 1, 2004, and 2% effective April 1, 2005.

    3. Other Leave With or Without Pay

       • renew current provision

    4. New Allowances

       • not to be included.

12. This panel remains seized of all matters of implementation.

Dated in Toronto this 18^th day of March, 2004.

________________________________
Jules B. Bloch, Chairperson