FPSLREB Decisions

Decision Information

Canadian Merchant Service Guild v. Treasury Board

Collection FPSLREB Decisions
Decision Rendered 2007-12-07
Citation 2007 PSLRB 116
File Number 585-02-10
Before Gray Gillespie; Joe Herbert; Yvon Tarte
Decision Type Labour Relations
Subject Terms Terms of reference
Original Language English
Summary:

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Decision Content



Public Service 
Labour Relations Act

Coat of Arms - Armoiries
  • Date:  2007-12-07
  • File:  585-02-10
  • Citation:  2007 PSLRB 116

Before the Chairperson
Public Service Labour Relations Board

IN THE MATTER OF
THE PUBLIC SERVICE LABOUR RELATIONS ACT
and a dispute affecting
the Canadian Merchant Service Guild, as bargaining agent,
and the Treasury Board, as employer,
in respect of the employees in the Ships' Officers (SO) Group.

Indexed as
Canadian Merchant Service Guild v. Treasury Board

TERMS OF REFERENCE OF THE ARBITRATION BOARD

To:
Yvon Tarte, chairperson of the arbitration board;
Joe Herbert and Gray Gillespie, arbitration board members

For the Bargaining Agent:
David J. Jewitt, Counsel, Canadian Merchant Service Guild

For the Employer:
Marc Thibodeau, Treasury Board

Decided on the basis of written submissions
filed on September 14 and September 27, 2007

1On September 14, 2007, the Canadian Merchant Service Guild requested the establishment of an arbitration board in respect of all the employees of the employer in the Ships' Officers Group and referred to section 136 of the Public Service Labour Relations Act (the Act) for so doing.

2Included with its request of September 14, 2007, 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.  The terms and conditions of employment and supporting material are attached hereto as SCHEDULE I.

3By letter of September 27, 2007, the Treasury Board provided its position on the terms and conditions of employment that the employer wished to have referred to the arbitration board.  The Treasury Board also provided a list of additional terms and conditions of employment it wished to have referred to the arbitration board.  That letter and supporting material are attached hereto as SCHEDULE II.

4The Canadian Merchant Service Guild did not provide further comments to the Treasury Board's request for arbitration of additional matters (Form 9).

5Pursuant to section 45 of the Act, the Chairperson has authorized me, in my capacity as Vice-Chairperson, to issue the present Terms of Reference of the Arbitration Board.

6Accordingly, 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 and SCHEDULE II 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 the Chairperson of the Public Service Labour Relations Board, who is, according to the provisions of subsection 144(1) of the Act, the only person authorized to make such a determination.

December 07, 2007.

Michele Pineau,
Vice-Chairperson

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