FPSLREB Decisions
Decision Information
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Decision Content
Public Service
Labour Relations Act
- Date: 2005-04-26
- File: 185-20-408
- Citation: 2005 PSLRB 39
Before the Chairperson
Public Service Labour Relations Board
IN THE MATTER OF
THE PUBLIC SERVICE LABOUR RELATIONS ACT
and a dispute affecting the
Public Service Alliance of Canada, as bargaining agent,
and the Canadian Security Intelligence Service, as employer,
in respect of the employees in the Clerical and Regulatory, Communications, Office Equipment and Secretarial, Stenographic and Typing Groups
Indexed as:
Public Service Alliance of Canada v.
Canadian Security Intelligence Service
TERMS OF REFERENCE OF THE ARBITRATION BOARD
| To: | Ken E. Norman, chairperson of the arbitration board; Dale Clark and Sandra Budd, arbitration board members |
[1] In a decision dated February 24, 2005 (2005 PSSRB 20), I established an arbitration board in the above matter. The arbitration board was composed of Prof. Ken Norman, chairperson, Mr. Ron Cochrane, nominee for the bargaining agent and Mrs. Sandra Budd, nominee for the employer.
[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)c) of the Public Service Modernization Act, this arbitration board is deemed to be an arbitration board consisting of three members established under section 140 of the Act, and the arbitration is to continue in accordance with Division 9 of Part I of the Act.
[3] In a letter dated April 20, 2005, the Public Service Alliance of Canada, informed the Board that they wished to change their nominee of the arbitration board in the above matter.
[4] Accordingly, pursuant to section 143(2) of the Act, this will serve to confirm that the appointment of Mr. Cochrane as member is hereby rescinded. This will also confirm that pursuant to sections 137 to 143 of the Act, I hereby establish in this matter an arbitration board composed of the following members:
- Mr. Ken Norman, chairperson;
- Mr. Dale Clark; and
- Mrs. Sandra Budd, members.
[5] Pursuant to subsection 144 of the Act, the matters on which the arbitration board shall render an arbitral award in this dispute remain those set out as outstanding in paragraph 6 of my previous decision of February 24, 2005.
[6] I would like to remind the arbitration board that 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.
April 26, 2005.
Yvon Tarte,
Chairperson