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Public Service 
Labour Relations Act

Coat of Arms - Armoiries
  • Date:  2012-02-14
  • File:  585-02-37
  • Citation:  2012 PSLRB 17

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 of Canada, as employer,
in respect of the Electronics (EL) Group bargaining unit

Indexed as
International Brotherhood of Electrical Workers, Local 2228 v. Treasury Board of Canada

TERMS OF REFERENCE OF THE ARBITRATION BOARD

To: Yvon Tarte, chairperson of the arbitration board;
Fazal Bhimji and Jock Climie, arbitration board members

Before:
Casper M. Bloom, Q.C., Ad. E., Chairperson

For the Bargaining Agent:
Daniel Boulet, International Brotherhood of Electrical Workers, Local 2228

For the Employer:
Ted Leindecker, Treasury Board Secretariat

Issued on the basis of written submission,
dated February 7, 2012.

1 In a decision dated January 10, 2012 (2012 PSLRB 3), I established an arbitration board in the above matter.  The arbitration board was composed of Mr. Michel Picher, chairperson, Mr. Fazal Bhimji, nominee for the bargaining agent and Mr. Jock Climie, nominee for the employer.

2 In a letter dated February 7, 2012, Mr. Bhimji, on behalf of both nominees, informed the Board that Mr. Picher had stepped down as chairperson for the arbitration board in the above matter.

3 In that same letter, the nominees informed the Board that they had spoken to Mr. Yvon Tarte of Ottawa, Ontario, who has indicated his willingness and availability to act as the new chairperson.

4 Accordingly, pursuant to section 143 of the Public Service Labour Relations Act (the “Act”), this will serve to confirm that the appointment of Mr. Picher as chairperson is hereby rescinded.  This will also confirm that pursuant to sections 135 to 159 of the Act, I hereby establish in this matter an arbitration board composed of the following members:

Mr. Yvon Tarte, chairperson;
Mr. Fazal Bhimji and
Mr. Jock Climie, members.

5 Pursuant to subsection 144 of the Act, the matters in dispute on which the arbitration board shall render an arbitral award are those set out in paragraph 5 of my previous decision of January 10, 2012 (2012 PSLRB 3).

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 without delay to the Chairperson of the Public Service Labour Relations Board, who is, according to subsection 144(1) of the Act, the only person authorized to make such a determination.

February 14, 2012.

Casper M. Bloom, Q.C., Ad. E.,
Chairperson
Public Service Labour Relations Board

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