FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-04-12
- File: 190-34-340
- Citation: 2005 PSLRB 33
Before the Chairperson
Public Service Labour Relations Board
IN THE MATTER OF
THE PUBLIC SERVICE STAFF RELATIONS ACT
and a dispute affecting the
Professional Institute of the Public Service of Canada, as bargaining agent,
and the Canada Customs and Revenue Agency, as employer,
in respect of the bargaining unit for the Audit, Financial and Scientific Group comprising all employees who are primarily engaged in the application of a comprehensive body of knowledge in such specialized areas as accounting, auditing, economics, statistics, financial management, commerce, actuarial sciences, chemistry, engineering, education, library science, social sciences and computer sciences.
Indexed as:
Professional Institute of the Public Service of Canada v.
Canada Customs and Revenue Agency
TERMS OF REFERENCE OF THE CONCILIATION BOARD
| To: | Ken Strike, chairperson of the conciliation board; Luc Grenier and Sandra Budd, conciliation board members |
[1] By letter of February 18, 2005, the Professional Institute of the Public Service of Canada, pursuant to section 76 of the Public Service Staff Relations Act (the former Act), requested the establishment of a conciliation board in respect of all the employees of the employer in respect of the bargaining unit for the Audit, Financial and Scientific Group comprising all employees who are primarily engaged in the application of a comprehensive body of knowledge in such specialized areas as accounting, auditing, economics, statistics, financial management, commerce, actuarial sciences, chemistry, engineering, education, library science, social sciences and computer sciences.
[2] On April 1, 2005, the Public Service Labour Relations Act (the “new Act”), enacted by section 2 of the Public Service Modernization Act, S.C. 2003, c. 22, was proclaimed in force. This dispute arises out of a notice to bargain given under the Public Service Staff Relations Act (the “former Act”), and pursuant to section 58 of the Public Service Modernization Act, continues to be subject to sections 76 to 90.1 of the former Act, as those sections read immediately before the proclamation date.
[3] With its letter of February 18, 2005, the Professional Institute of the Public Service of Canada provided a list of the terms and conditions of employment that it wished to have referred to the conciliation board. That letter, the terms and conditions of employment and supporting material are attached hereto as Schedule I.
[4] By letter of March 2, 2005, the Canada Customs and Revenue Agency provided additional terms and conditions of employment that it wished to have referred to the conciliation board. That letter, the terms and conditions of employment and supporting material are attached hereto as Schedule II.
[5] The Professional Institute of the Public Service of Canada, by letter of March 7, 2005, replied to the employer’s letter of March 2, 2005. That letter is attached hereto as Schedule III.
[6] Accordingly, pursuant to section 84 of the former Act, the matters on which the conciliation board shall report its findings and recommendations to me in this dispute are those set out as outstanding in Schedules I, II and III attached hereto.
[7] 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 Labour Relations Board is, according to the provisions of section 84 of the former Act, the only person authorized to make such a determination.
April 12, 2005.
Yvon Tarte,
Chairperson