FPSLREB Decisions
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Decision Content
- Date: 2003-07-29
IN THE MATTER OF THE PUBLIC SERVICE STAFF RELATIONS ACT
AND
IN THE MATTER OF A DISPUTE
BETWEEN
THE PUBLIC SERVICE ALLIANCE OF CANADA
(Bargaining Agent)
AND
STATISTICS SURVEY OPERATIONS
(Employer)
RE: | Employees Engaged in the Carrying - Out of Survey Activities, Primarily in the Statistics Canada Regional Offices |
BEFORE: | Philip Chodos, Chairperson, and M.J. (Mike) McTaggart, Member and Representative of the Interests of the Bargaining Agent, and Richard Nannini, Member and Representative of the Interests of the Employer |
APPEARANCES:
For the Bargaining Agent: Susan Jones, Negotiator, and
Bonnie Bates, Research OfficerFor the Employer: Nelson Sanscartier, Negotiator
HEARD AT OTTAWA, July 16, 2003.
The Statistical Survey Operations is a separate employer, which is also an integral part of Statistics Canada. It is organized on the basis of five regions, with a workforce of approximately 2200 employees. Of these, approximately 830 employees are members of this bargaining agent and are classified as either Interviewers or Senior Interviewers. These employees receive hourly rates of pay ranging from $10.96 to the maximum of $16.40 for a Senior Interviewer. All of the employees work on a part-time basis, and their main responsibility is to collect data by telephone interviews and thereby obtain relevant statistical information. A portion of this activity is carried out on a cost-recovery basis on behalf of clients, in particular, other federal government departments.
The collective agreement between the parties expired on November 30, 2001. Notice to bargain was served by the bargaining agent on November 27, 2001. The parties began negotiations on January 22, 2002, and met several times throughout that year and into 2003. During this period of time a number of provisions were agreed to by the parties.
From February 24 to 26, 2003, a conciliation officer, Denise Wilson, assisted the parties in resolving a number of additional issues in dispute. However, seven issues remained unresolved and, accordingly, on March 12, 2003, the bargaining agent applied to the Public Service Staff Relations Board (PSSRB) for the establishment of a conciliation board.
The following matters were identified as remaining in dispute:
- Article 2: "Interpretation and Definitions"
- Article 25: "Evening and Weekend Premiums"
- Article 29: "Vacation Leave"
- Article 45: "Leave With or Without Pay for Other Reasons"
- Article 52: "Duration"
- Annex "A": "Hourly Rates of Pay and Pay Notes"
- Annex "D": "Memorandum of Understanding"
This conciliation board was duly constituted in accordance with section 79 of the Public Service Staff Relations Act (PSSRA). The members of the conciliation board received the Terms of Reference, dated May 23, 2003, from the Chairperson of the PSSRB setting out the issues in dispute as noted above.
The conciliation board met with the parties on July 16, 2003. At this time, the parties exchanged written briefs, which were also provided to the members of the conciliation board. The parties also gave the board verbally a brief overview of the matters in dispute. The board endeavoured to assist the parties in reaching an agreement. However, during the course of the conciliation process, it became apparent to the board that the parties were oceans apart on the critical issue of "Rates of Pay". By the end of the day on July 16, the parties and the members of the conciliation board were all of the view that, notwithstanding that conciliation board hearings were scheduled as well for July 17 and 18, 2003, it would be fruitless and counterproductive to continue the proceedings. Accordingly, the proceedings were terminated on July 16, 2003.
In view of the substantial differences between the parties on the critical pay issue, the conciliation board is unanimously of the view that it would serve no purpose in recommending Terms of Settlement and, indeed, doing so may well diminish the prospects of reaching a resolution of this dispute in the near future.
DATED AT OTTAWA, July 2003.
Philip Chodos,
Chairperson
M.J. (Mike) McTaggart,
Member and Representative of the Interests of the Bargaining Agent
Richard Nannini,
Member and Representative of the Interests of the Employer