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Public Service 
Labour Relations Act

Coat of Arms - Armoiries
  • Date:  2012-03-02
  • File:  585-02-39
  • Citation:  2012 PSLRB 27

Before the Chairperson
Public Service Labour Relations Board


IN THE MATTER OF
THE PUBLIC SERVICE LABOUR RELATIONS ACT
and a dispute affecting
the Federal Government Dockyard Chargehands Association, as bargaining agent,
and the Treasury Board of Canada, as employer,
in respect of the Ship Repair Chargehands and Production Supervisors - East Group (SR-C) bargaining unit

Indexed as
Federal Government Dockyard Chargehands Association v. Treasury Board of Canada

TERMS OF REFERENCE OF THE ARBITRATION BOARD

To: Bruce Archibald, chairperson of the arbitration board;
Howard Goldblatt and Jock Climie, arbitration board members

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

For the Bargaining Agent:
Ronald Pink, Counsel

For the Employer:
John Park, Treasury Board Secretariat

Issued on the basis of written submissions,
dated December 12, 2011, January 12 and February 1, 2012.

1 By letter of December 12, 2011, the Federal Government Dockyard Chargehands Association (“the bargaining agent”) requested arbitration in respect of the Ship Repair Chargehands and Production Supervisors - East Group (SR-C) bargaining unit. Along with its request, the bargaining agent provided a list of the terms and conditions of employment that it wished to refer to arbitration. Those terms and conditions of employment and supporting material are attached as schedule 1.

2 By letter of January 12, 2012, the Treasury Board of Canada (“the employer”) provided its position on the terms and conditions of employment that the bargaining agent wished to refer to arbitration. The employer also provided a list of additional terms and conditions of employment it wished to refer to arbitration. That letter and supporting material are attached as schedule 2.

3 In a telephone message of January 31, 2012 to the Board, the bargaining agent’s representative, informed the Board that they would not be providing a Form 10 reply/comment to the Employer’s letter of January 12, 2012. An e-mail dated February 1, 2012 confirming this is attached as schedule 3.

4 Accordingly, pursuant to section 144 of the Public Service Labour Relations Act (the “Act”), the matters in dispute on which the arbitration board shall make an arbitral award are those set out in schedules 1 to 3 inclusive, which are attached to this decision.

5 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.

March 2, 2012.

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

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