FPSLREB Decisions
Decision Information
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Decision Content
Public Service Labour Relations and Employment Board Act and Public Service Labour Relations Act
- Date: 20150813
- File: 585-24-50
- Citation: 2015 PSLREB 72
Before a panel of the Public Service Labour Relations and Employment Board
BETWEEN
PUBLIC SERVICE ALLIANCE OF CANADA
and
STATISTICS SURVEY OPERATIONS
Employer
Indexed as
Public Service Alliance of Canada and Statistics Survey Operations
In the matter of an application to amend any provision of an arbitral award under section 159 of the Public Service Labour Relations Act
REASONS FOR DECISION
- Before:
- Catherine Ebbs, a panel of the Public Service Labour Relations and Employment Board
- For the Public Service Alliance of Canada:
- Gail Lem, Public Service Alliance of Canada
- For the Statistics Survey Operations:
- Gloria A. Tatone Blaker, Statistics Survey Operations
filed July 7, 2015
1 The Arbitration Board issued its award with respect to this Request for Arbitration for the Field Interviewers (FI) bargaining unit on March 30, 2015.
2 As part of its award, the Arbitration Board directed the parties “…to negotiate language to ensure that the Employer corrects inconsistencies between employees’ assigned workweeks and employees’ actual hours worked. Corrections are to be made on a go forward basis.”
3 The Arbitration Board indicated that it would remain seized should the parties be unable to agree on language to reflect the Board’s direction.
4 On July 7, 2015, the parties submitted a joint request to the Public Service Labour Relations and Employment Board seeking to amend the arbitral award in accordance with Section 159 of the Public Service Labour Relations Act. Section 159 states that:
“The Board may, on the joint application of both parties to whom an arbitral award applies, amend any provision of the arbitral award if it considers that the amendment is warranted having regard to circumstances that have arisen since the making of the arbitral award, or of which the arbitration board did not have notice when the award was made, or to any other circumstances that the Board considers relevant.”
5 The amendment sought by the parties pertained to the Arbitration Board’s direction to the parties that they negotiate language to correct inconsistencies between employees’ assigned work weeks and employees’ actual hours worked. The parties advised the Board that they had reached the following negotiated settlement for the definition of “assigned workweek”:
“In the event that the review confirms such inconsistencies, the Employer will make every reasonable effort to correct such inconsistencies accordingly, on a go forward basis, for the following pay period.”
6 The parties requested that the agreed to language on the “assigned workweek” be incorporated and made part of the FI Arbitral Award.
7 The parties shared with the Board that they “believe that the requested amendment will provide consistency in the application of the terms and conditions of employment at SSO for the employees, SSO managers, the Union and the Employer.”
8 For all of the reasons, the board makes the following order:
Order
9 The Board approves the requested amendments to the Arbitral Award pursuant to Section 159 of the Public Service Labour Relations Act.
August 13, 2015.
Catherine Ebbs,
A panel of the Public Service Labour Relations and Employment Board