FPSLREB Decisions

1 By letter of February 19, 2013, the Research Council Employees’ Association (“the bargaining agent”) requested arbitration in respect of the bargaining unit comprised of all employees of the employer in the Administrative Support Group in the Administrative Support Category (“AD 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 February 27, 2013, the National Research Council 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 raised objections and jurisdictional issues in response to certain terms and conditions of employment proposed by the bargaining agent in its Form 8 submission; those objections were in respect of the bargaining agent’s proposals on the “Workforce Adjustment Policy,” on article 4 - the definition of “Cumulative Working Period” and on a new article, entitled “Term Employees.” The employer also provided a list of additional terms and conditions of employment it wished to refer to arbitration. The letter of February 27, 2013 and the employer’s supporting material are attached as schedule 2.

3 By letter of March 7, 2013, the bargaining agent provided its position on the additional terms and conditions of employment that the employer wished to refer to arbitration.That letter and the bargaining agent’s supporting material are attached as schedule 3.

4 By letter of March 28, 2013, the parties were informed that the Chairperson of the Public Service Labour Relations Board intended to establish an arbitration board and to hold a hearing so that the objections raised by the parties could be addressed.

5 A hearing was held on May 21 and 22, 2013.  The Chairperson proceeded to prepare a final decision on the matters dealt with during the hearing.  However, before a final decision could be issued, by letter dated November 6, 2013, the bargaining agent withdrew its proposals on the “Workforce Adjustment Policy,” on article 4 - the definition of “Cumulative Working Period” and on a new article, entitled “Term Employees.”   That letter is attached as schedule 4.  

6 Accordingly, pursuant to section 144 of the Act, the matters in dispute on which the arbitration board shall make an arbitral award are those set out in schedules 1 to 4 inclusive, which are attached to this decision.For more clarity, the proposals of the bargaining agent identified as the “Workforce Adjustment Policy,” as article 4 - the definition of “Cumulative Working Period” and as a new article, entitled “Term Employees” shall not form part of the Terms of Reference.

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 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.

November 21, 2013.

David P. Olsen,
Acting Chairperson of the
Public Service Labour Relations Board