FPSLREB Decisions

1 By letter of February 11, 2013, the United Food and Commercial Workers, Local 1400 (“the bargaining agent”) requested arbitration in respect of the bargaining unit composed of all employees of the Employer in the Operational Category employed at the Canadian Forces Base, Moose Jaw, Saskatchewan.  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 19, 2013, the Staff of the Non-Public Funds, Canadian Forces (“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.  The employer raised an objection with respect to the bargaining agent’s proposal for article 10.10 and for all proposals relating to the Letters of Understanding stating that they were resolved during the collective bargaining process.  As such, the employer submited that they should not form part of the Terms of Reference. That letter and supporting material are attached as schedule 2.

3 By letter of February 28, 2013, the bargaining agent provided its position on the additional terms and conditions of employment that the employer wished to refer to arbitration.  The bargaining agent acknowledged that changes to article 10.10 were agreed to between the parties and that the parties had also agreed to the renewal of the Letters of Understanding. That letter 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, with the exception of the bargaining agent`s proposal for article 10.10 and for the Letters of Understanding which shall not form part of these Terms of Reference.

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.

(April 9, 2013).

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