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Parliamentary Employment and Staff Relations Act

Coat of Arms - Armoiries
  • Date: 2016-02-01
  • File: 485-LP-56
  • Citation: 2016 PSLREB 8

Before the Chairperson of the Public Service Labour Relations and Employment Board


IN THE MATTER OF
THE PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS ACT
and a dispute affecting
the Public Service Alliance of Canada, as bargaining agent,
and the Library of Parliament, as employer,
in respect of all employees of the Employer in the Library Technician Sub-group in the
Research and Library Services Group and all employees in Clerical and General Services
bargaining unit


Indexed as
Public Service Alliance of Canada v. Library of Parliament





To:
Stephan Bertrand, Joe Herbert and Kathryn Butler Malette, deemed to form the Public Service Labour Relations and Employment Board
Before:
Catherine Ebbs, Chairperson of the Public Service Labour Relations and Employment Board
For the Bargaining Agent:
Larry Rousseau and Morgan Gay, Public Service Alliance of Canada
For the Employer:
Carole Piette, Counsel
Issued on the basis of written submissions,
dated December 10, 18 and 22, 2015.

TERMS OF REFERENCE


1 By letter of December 10, 2015, the Public Service Alliance of Canada (“the bargaining agent”) requested arbitration pursuant to section 50 of the Parliamentary Employment and Staff Relations Act (the “Act”) in respect of all employees of the Employer in the Library Technician Sub-group in the Research and Library Services Group and all employees in Clerical and General Services bargaining unit.  Along with its request, the bargaining agent provided a list of the terms and conditions of employment it wished to refer to arbitration.  Those terms and conditions of employment and supporting material are attached as schedule 1.

2 By letter of December 18, 2015, the Library of Parliament (“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 objected to Article 24.03 stating that this article “was not tabled at bargaining”. As well, the employer objected pursuant to sections 5(3) and 55(2) of the Act, to the following bargaining agent proposals:

Article 35 – Job Security; and

Article XX – Contracting Out.

That letter and supporting material are attached as schedule 2.

3 By letter of December 22, 2015, the bargaining agent provided its position with respect to the additional matters referred to arbitration by the employer.  With respect to the objections raised by the employer, the bargaining agent asserted that “…its proposals are within the Board’s jurisdiction.” That letter is attached as schedule 3.

4 Accordingly, pursuant to section 52 of the Act, the matters in dispute on which the Public Service Labour Relations and Employment Board shall make an arbitral award are those set out in schedules 1 to 3 inclusive, which are attached to these terms of reference.

February 1, 2016.

Catherine Ebbs,
Chairperson of the Public Service Labour
Relations and Employment Board

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