FPSLREB Decisions

(b)    the conditions of employment in similar occupations outside the Public Service, including such geographic, industrial or other variations as the board may consider relevant;

(c)    the need to maintain appropriate relationships in the conditions of employment as between different grade levels within an occupation and as between occupations in the Public Service;

(d)    The need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and

(e)    any other factor that to it appears to be relevant to the matter in dispute.

68.    Subject to this Act, an arbitration board shall, before rendering an arbitral award in respect of a matter in dispute, give an opportunity to both parties to present evidence and make submissions to it.

69. (2) Subsection 57(2)^[1] applies, with such modifications as the circumstances require, in relation to an arbitral award.

(3)    No arbitral award shall deal with

(a)    the organization of the Public Service or the assignment of duties to, and classification of, positions in the Public Service;

(b)    standards, procedures or processes governing the appointment, appraisal, promotion, demotion, deployment, lay-off or termination of employment, other than by way of disciplinary action, of employees; or

(c)    any term or condition of employment of employees that was not a subject of negotiation between the parties during the period before arbitration was requested in respect thereof.

(4)    An arbitral award shall deal only with terms and conditions of employment of employees in the bargaining unit in respect of which the request for arbitration was made

70.(1) An arbitration board shall, as soon as possible after it receives the notice referred to in subsection 66(1), render an arbitral award in respect of the matters in dispute.

(1.1)   An arbitral award shall be signed by the chairperson of the arbitration board and a copy thereof shall be sent to the Chairperson, and no report or observations thereon shall be made or given by the other members of the board.

(1.2)   On receipt of a copy of an arbitral award, the Chairperson shall forthwith cause a copy thereof to be sent to the parties and may cause the award to be published in such manner as the Chairperson sees fit.

(2)    Subject to subsection (3), a decision of the majority of the members of an arbitration board in respect of the matters in dispute shall be the arbitral award in respect of those matters.

(3)    Where the majority of members of an arbitration board cannot agree on the terms of the arbitral award to be rendered, the decision of the chairperson of the board shall be the arbitral award in respect of the matters in dispute.

(4)    An arbitral award shall, whenever possible, be made in such form.

(a)    as can be read and interpreted with, or annexed to and published with, any collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the arbitral award applies; and

(b) as enables its incorporation into and implementation by regulations, by-laws, directives or other instruments that may be required to be made or issued by the employer or the relevant bargaining agent in respect thereof.

[3]   With its letter of November 21, 2003, the Canadian Merchant Service Guild provided a list of the terms and conditions of employment that it wished to have referred to the arbitration board. That letter, the terms and conditions of employment and supporting material are attached hereto as Schedule I.

[4]   By letter dated December 3, 2003, the Public Service Staff Relations Board (Board) wrote to the employer, enclosing a copy of the request of the bargaining agent, along with a copy of the terms and conditions of employment the bargaining agent wished to be referred to arbitration. The Board requested the employer to submit a written reply to the bargaining agent's request, together with any additional matters they wished to submit to the arbitration board.

[5]   In a letter dated December 12, 2003, the employer responded that the bargaining agent's application was "seriously deficient" in certain respects and unclear in others. The employer submitted that given the importance of the issues, the process should not proceed further until the matters were clarified in such a manner as to permit the employer to respond. Notwithstanding the above, the employer's response concerning the award to be made by the arbitration board with respect to all outstanding issues was attached to its response. The letter and supporting material from the employer is attached hereto as Schedule II.

[6]   By letter dated December 16, 2003, the Board forwarded to the bargaining agent the employer's letter and supporting material, requesting that the bargaining agent submit its response to the Board within the usual timeframe. By letter dated December 17, 2003, the bargaining agent requested an extension of time for response, which extension was granted with the consent of the employer.

[7]   The bargaining agent submitted its response by letter dated January 9, 2004. In its letter, it provided clarification with respect to the two matters which the employer had raised in its letter of December 12, 2003, and provided its response to the additional matters raised by the employer. The letter and attachments thereto are attached as Schedule III.

[8]   By letter dated January 13, 2004, the Board forwarded to the employer the bargaining agent's letter and supporting documentation, requesting that the employer provide its response to the Board within the usual timeframes.

[9]   On January 12, 2004, the bargaining agent forwarded to the Board a French version of their request, along with a new English version which had been edited to correct typographical and grammatical errors in the original. A copy of the French version is attached as Schedule IV and a copy of the English version is attached as Schedule V.

[10]   By letter dated January 20, 2004, the employer provided its response to the comments of the bargaining agent contained in its letter dated January 9, 2004. A copy of the letter is attached hereto as Schedule VI.

[11]   On January 27, 2004, the Board forwarded to the employer a copy of the bargaining agent's letter dated January 12, 2004, along with the French version of the bargaining agent's request and a copy of the amended English version, referred to above in paragraph 9 of this decision. The Board requested that the employer provide it with any additional comments which it might have with respect to the bargaining agent's material of January 12, 2004.

[12]   The employer verbally confirmed to the Board on February 10, 2004, that it had no further comments to submit.

[13]   Accordingly, pursuant to section 66 of the Act, the matters on which the arbitration board shall report its findings and recommendations to me in this dispute are those set out as outstanding in Schedules I through VI attached hereto.

[14]   Should any 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 provision of subsection 66(1) of the Act, the only person authorized to make such a determination.

Yvon Tarte,
Chairperson

DATED AT OTTAWA, March 19, 2004.

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[1] 57. (2) No collective agreement shall provide, directly or indirectly, for the alteration or elimination of any existing term or condition of employment or the establishment of any new term or condition of employment,

(a) the alteration or elimination or the establishment of which would require or have the effect of requiring the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating moneys required for its implementation; or
(b) that has been or may be established pursuant to any Act specified in Schedule II.