FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-05-20
- File: 185-2-412
- Citation: 2005 PSLRB 44
Before the Chairperson
Public Service Labour Relations Board
IN THE MATTER OF
THE PUBLIC SERVICE LABOUR RELATIONS ACT
and a dispute affecting the
International Brotherhood of Electrical Workers, Local 2228, as bargaining agent,
and the Treasury Board, as employer,
in respect of the employees in the Electronics Group
Indexed as:
International Brotherhood of Electrical Workers, Local 2228 v. Treasury Board
TERMS OF REFERENCE OF THE ARBITRATION BOARD
| To: | Jules Bloch, chairperson of the arbitration board; James Wolfgang and Pierce Sutherland, arbitration board members |
[1] By letter of March 4, 2005, the International Brotherhood of Electrical Workers, Local 2228, pursuant to section 64 of the Public Service Staff Relations Act (the former Act), requested the establishment of an arbitration board in respect of all the employees of the employer in the Electronics Group.
[2] On April 1, 2005, the Public Service Labour Relations Act (the “Act”), enacted by section 2 of the Public Service Modernization Act, S.C. 2003, c. 22, was proclaimed in force. Pursuant to paragraph 57(1)a) of the Public Service Modernization Act, the request for arbitration is to be dealt with as though it had been made under section 136 of the Act. Sections 136 to 159 of the Act apply where arbitration is the method of dispute resolution.
[3] With its letter of March 4, 2005, the International Brotherhood of Electrical Workers, Local 2228 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 of March 18, 2005, the Treasury Board provided its position on the terms and conditions of employment that the employer wished to have referred to the arbitration board. That letter and supporting material are attached hereto as schedule ii.
[5] The Treasury Board by letter dated April 20, 2005 submitted a modified position on rates of pay. That letter is attached hereto as schedule iii.
[6] Accordingly, pursuant to section 144 of the Act, the matters in dispute on which the arbitration board shall render an arbitral award in this dispute are those set out as outstanding in schedule i to schedule iii inclusive 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 subsection 144(1) of the Act, the only person authorized to make such a determination.
May 20, 2005.
Yvon Tarte,
Chairperson