FPSLREB Decisions

Decision Information

Communications, Energy and Paperworkers Union of Canada, Local 102-0 v. House of Commons

Collection FPSLREB Decisions
Decision Rendered 2007-09-13
Citation 2007 PSLRB 97
File Number 485-HC-34
Before Dale Clark; Ian R. Mackenzie; Mary Anne Griffith
Decision Type Labour Relations
Subject Terms Terms of reference
Original Language English
Summary:

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Decision Content



Parliamentary Employment
and Staff Relations Act

Coat of Arms - Armoiries
  • Date:  2007-09-13
  • File:  485-HC-34
  • Citation:  2007 PSLRB 97

Before the Chairperson
Public Service Labour
Relations Board

IN THE MATTER OF
THE PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS ACT
and a dispute affecting
the Communications, Energy and Paperworkers Union of Canada,
Local 102-0, as bargaining agent,
and the House of Commons, as employer,
in respect of the employees in the Technical Group

Indexed as
Communications, Energy and Paperworkers Union of Canada, Local 102-0 v. House of Commons

TERMS OF REFERENCE FOR ARBITRATION

To:
Ms. Mary Anne Griffith, Mr. Dale Clark and Mr. Ian Mackenzie,
Members of the Board for the purposes of the arbitration in the above-cited matter

For the Bargaining Agent:
David Migicovsky, Counsel


For the Employer:
Carole Piette, Counsel

(Decided without an oral hearing)

1 By letter dated July 25, 2007, pursuant to section 50 of the Parliamentary Employment and Staff Relations Act (PESRA), the Communications, Energy and Paperworkers Union of Canada, Local 102-0 (the Bargaining Agent) requested arbitration for the bargaining unit consisting of "all employees of the Employer in the Technical Group".

2 With its letter dated July 25, 2007, the Communications, Energy and Paperworkers Union of Canada, Local 102-0 provided a list of the terms and conditions of employment that it wished to have referred to arbitration. That letter, the terms and conditions of employment and supporting material are attached hereto as schedule I.

3 By letter dated August 2, 2007, the House of Commons (the Employer) provided additional terms and conditions of employment that it wished to have referred to arbitration pursuant to Section 51 of the Parliamentary Employment and Staff Relations Act. In addition, pursuant to Article 55(2), the Employer raised an objection as to the Board's jurisdiction on two of the Bargaining Agent's proposals concerning "Job Postings". That letter, the terms and conditions of employment and supporting material are attached hereto as schedule II.

4 By letter dated August 9, 2007, the Communications, Energy and Paperworkers Union of Canada, Local 102-0 provided a response to the Employer's letter of August 2, 2007. That letter is attached hereto as SCHEDULE III.

5 On August 23, 2007, the representative for the House of Commons clarified the employer's objection to the Board's jurisdiction to render a decision on two proposals advanced by the Bargaining Agent. That letter is attached hereto as SCHEDULE IV.

6 By letter of September 4, 2007 the Communications, Energy and Paperworkers Union of Canada, Local 102-0 provided comments regarding the Employer's objection to the bargaining agent's original proposals on "job postings". That letter is attached hereto as SCHEDULE V.

7 Accordingly, pursuant to section 52 of the PESRA, the panel of the Board established for the purpose of the arbitration in this matter is to render an arbitral award on those matters in dispute that are set out as outstanding in SCHEDULE I to SCHEDULE V attached hereto, subject to its determination on the employer's objection as set out in SCHEDULE IV and the Bargaining Agent's response to the objection set out in SCHEDULE V.

September 13, 2007.

Casper Bloom, Q.C., Ad. E.,
Chairperson

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