FPSLREB Decisions

Heard at Ottawa, Ontario,
February 16 and 17, 2017.

ARBITRAL AWARD

I. Files before the Board

A. Board File No. 485-LP-57: Library Science Group bargaining unit

1        On July 3, 2014, the Public Service Alliance of Canada (“the bargaining agent” or PSAC) served notice to bargain on the Library of Parliament (“the employer”) on behalf of employees in the Library Science (LS) Group (“the LS bargaining unit”) to commence bargaining collectively under s. 37 of the Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2^nd Supp.); PESRA). The last collective agreement for the LS bargaining unit expired on August 31, 2014.

2         The LS bargaining unit is composed of 45 employees. It was certified by the former Public Service Staff Relations Board, acting under the authority of the PESRA, on May 8, 1987.

3         Negotiation sessions between the parties commenced on April 21, 2015. They met for a total of 10 bargaining sessions. They reached an impasse during the final session in January of 2016. It is unclear how many issues, if any, the parties agreed to during these negotiation sessions. Approximately 11 issues remained outstanding.

4         By letter dated January 8, 2016, pursuant to s. 50 of the PESRA, the bargaining agent requested arbitration for the LS bargaining unit. Its letter also included a list of the terms and conditions of employment it wished to have referred to arbitration.

5         On January 20, 2016, the employer provided its position on the terms and conditions of employment that the bargaining agent wished to refer to arbitration, pursuant to s. 51 of the PESRA. The employer also provided a list of additional terms and conditions of employment that had been tentatively agreed to.

6         The terms of reference for the arbitration board deemed to form the Public Service Labour Relations and Employment Board (PSLREB) were forwarded to the board members on February 10, 2016, by the Chairperson of the PSLREB (see Public Service Alliance of Canada v. Library of Parliament, 2016 PSLREB 14). On September 23, 2016, the Chairperson of the PSLREB rescinded the appointment of one of the arbitration board members (see Public Service Alliance of Canada v. Library of Parliament, 2016 PSLREB 91) and confirmed that the new panel was to render an arbitral award based on the matters set out as outstanding in paragraph 4 of the previous decision of February 10, 2016 (2016 PSLREB 14).

B. Board File No. 485-LP-56: Clerical and General Services and Library Technicians Sub-Group bargaining unit 

7         On July 3, 2014, the bargaining agent served notice to bargain on behalf of employees in the Library Clerical and General Services and Library Technicians Sub-Group (“the LT-CGS bargaining unit”) under s. 37 of the PESRA. The last collective agreement for the LT-CGS bargaining unit expired on August 31, 2014.

8         The LT-CGS bargaining unit comprises 82 employees. The LT-CGS bargaining unit was certified by the PSLREB, acting under the authority of the PESRA, on December 8, 2015.

9         Negotiation sessions between the parties commenced on August 5, 2015. They met for a total of six bargaining sessions. They reached an impasse during the final session in December of 2015. It is unclear how many issues, if any, the parties agreed to during these negotiation sessions. Approximately 12 issues remained outstanding.

10        By letter dated December 10, 2015, pursuant to s. 50 of the PESRA, the bargaining agent requested arbitration for the LT-CGS bargaining unit. Its letter also included a list of the terms and conditions of employment it wished to have referred to arbitration.

11        On December 18, 2015, the employer provided its position on the terms and conditions of employment that the bargaining agent wished to refer to arbitration, pursuant to s. 51 of the PESRA. The employer also provided a list of additional terms and conditions of employment it wished to refer to arbitration.

12        The terms of reference for the arbitration board deemed to form the PSLREB were forwarded to the board members on February 1, 2016, by the Chairperson of the PSLREB (see Public Service Alliance of Canada v. Library of Parliament, 2016 PSLREB 8). On September 23, 2016, the Chairperson of the PSLREB rescinded the appointment of one of the arbitration board members (2016 PSLREB 90) and confirmed that the new arbitration board was to render an arbitral award based on the matters set out as outstanding in paragraph 4 of the previous decision of February 1, 2016 (2016 PSLREB 8).

13        On June 19, 2017, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures (S.C. 2017, c. 9) received Royal Assent, changing the name of the Public Service Labour Relations and Employment Board, and the titles of the Public Service Labour Relations and Employment Board Act, the Public Service Labour Relations Act and the Public Service Labour Relations Regulations to, respectively, the Federal Public Sector Labour Relations and Employment Board (“the Board”), the Federal Public Sector Labour Relations and Employment Board Act, the Federal Public Sector Labour Relations Act (“the Act”) and the Federal Public Sector Labour Relations Regulations (“the Regulations”).

14        For ease of reference, for the remainder of this arbitral award, the arbitration board will be referred to as the Board.

II. Hearing

A. LS Group withdrawn provisions

15        At the outset of the hearing, the parties informed the Board that the proposals concerning the following collective agreement provisions were withdrawn:

Clause 19.13:	Leave with Pay for Family-Related Responsibilities
Clause 29.01:	Probation
NEW:	Telework (NEW)

B. LS Group provisions still in dispute

16        At the hearing, the Board was informed that the following bargaining agent proposals for the LS Group remained in dispute:

Article 17:	Vacation Leave
Clause 17.02:	Accumulation of Vacation Leave Credits
Clause 17.05:	Scheduling of Vacation Leave with Pay
Article 18:	Designated Paid Holidays
Clause 18.01:	Family Day
Article 19:	Other Leave with or without pay
Clause 19.02:	Bereavement Leave With Pay
Clause 19.19:	Medical and Dental Appointments
Clause 19.25:	Personal Leave
Clause 19.XX:	Pre-Retirement Transition Leave
Article 20:	Sick Leave
Clause 20.XX:	Medical Certificates
Article 23:	Hours of Work
Clause 23.01:	General
Clause 23.02:	Annual Schedule
Clause 23.04:	Rest Periods
Article 24:	Overtime
Clause 24.03:	Overtime Threshold
Clause 24.08:	Meal Allowance
Article 35:	Use of Taxis
Article 36:	Shift Premium
Article 37:	Bilingualism Bonus
Clause 38.01:	Job Security
Article 40:	Duration
NEW:	Social Justice Fund
Appendix “A & A1”:	Rates of Pay – Wage Grid Adjustments

17        As for the employer’s proposals, the Board was informed that only the following remained in dispute:

Article 23:	Hours of Work
Clause 23.01:	General
Clause 23.02:	Annual Schedule
Clause 24.XX:	Overtime - Carry over re: Compensatory Leave
Clause 27.01:	Probation Period
Article 40:	Duration
Appendix “A & A1”:	Rates of Pay – Economic Increases

C. LT-CGS Group withdrawn provisions

18        At the outset of the hearing, the bargaining agent informed the Board that the proposals concerning the following collective agreement provisions were withdrawn:

Clause 19.13:	Leave with Pay for Family-Related Responsibilities
Clause 29.01:	Probation
NEW:	Telework (NEW)

D. LT-CGS Group provisions still in dispute

19        At the hearing, the Board was informed that the following bargaining agent proposals for the LT-CGS Group remained in dispute:

Article 17:	Vacation Leave
Clause 17.02:	Accumulation of Vacation Leave Credits
Clause 17.05:	Scheduling of Vacation Leave with Pay
Article 18:	Designated Paid Holidays
Clause 18.01:	Family Day
Clause 18.06:	Conference on a Designated Holiday
Article 19:	Other Leave with or Without Pay
Clause 19.02:	Bereavement Leave with Pay
Clause 19.20:	Medical Appointments
Clause 19.25:	Personal Leave
Clause 19.XX:	Pre-Retirement Transition Leave
Clause 20.02:	Granting of Sick Leave
Article 23:	Hours of Work
Clause 23.01:	Hours of Work – General
Clause 23.02:	Annual Schedule
Clause 23.04:	Rest Periods
Clause 24.03:	Overtime Threshold
Clauses 24.05 & 24.15:	Late Parliamentary Sittings
Clause 24.08:	Overtime – Meal Allowance
Clause 24.16:	Travel Status
Article 26:	Shift Premium
Clause 34.01-04:	Health and Welfare Plans to AS & LT groups
Article 35:	Job Security
Clause 35.02:	Layoffs
Article 38:	Use of Taxis
Article 41:	Duration
NEW:	Social Justice Fund (NEW)
Appendix “A & A1”:	Rates of Pay

20        As for the employer’s proposals, the Board was informed that only the following remained in dispute:

Article 23:	Hours of Work
Clause 23.01:	Hours of Work – General
Clause 23.02:	Annual Schedule
Clause 24.16:	Travel Status
Clause 24.XX:	Carry over re: Compensatory Leave
Clauses 24.05 & 24.15:	Late Parliamentary Sittings
Clause 34.01-04:	Health and Welfare Plans to AS & LT groups
Article 41:	Duration

III. The award

21        The bargaining agent and the employer both submitted that s. 53 of the PESRA sets out the considerations to be applied by an arbitration board. That section reads as follows:

53 In the conduct of proceedings before it and in rendering an arbitral award in respect of a matter in dispute, the Board shall consider

(a)  the needs of the employer affected for qualified employees,

(b)  the need to maintain appropriate relationships in the conditions of employment as between different grade levels within an occupation and as between occupations of employees,

(c)  the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered, and

(d)  any other factor that to it appears to be relevant to the matter in dispute,

and, so far as consistent with the requirements of the employer, the Board shall give due regard to maintaining comparability of conditions of employment of employees with those that are applicable to persons in similar employment in the federal public administration.

22        The Board considered the relevant provisions of the PESRA when it rendered this award.

23        The following provisions include those awarded by this Board. All provisions not mentioned in this award are deemed to remain unchanged by this Board.

A. Article 19; Clause 19.02: Other Leave With or Without Pay (both bargaining units): Bereavement Leave With Pay

1. Current provision

24        The provision currently reads as follows:

For the purposes of this clause, immediate family is defined as father, mother (or alternatively, stepfather, stepmother, stepchild or foster parent), grandparents, brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse, stepchild, grandchild), ward, father-in-law, mother-in-law, and relative permanently residing in the employee’s household or with whom the employee permanently resides or for whom the employee has legal responsibility.

a) The following shall apply to employees in the AS groups:

When a member of her/his immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive working days which must include the day of the funeral. During such period he/she shall be paid for those days which are not regularly scheduled days of rest for that employee. In addition, the employee shall be granted up to two (2) days’ leave with pay for the purpose of travel related to the death.

b) The following shall apply to employees in the LT group:

When a member of her/his immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive working days which must include the day of the funeral. During such period he/she shall be paid for those days which are not regularly scheduled days of rest for that employee. In addition, the employee may be granted up to two (2) days’ leave with pay for the purpose of travel related to the death.

c) An employee is entitled to one (1) day’s bereavement leave with pay for the purpose related to the death of his/her son-in-law, daughter-in-law, brother-in-law or sister-in-law.

d) If, during a period of sick leave, vacation leave, or compensatory leave, an employee is bereaved in circumstances under which he/she would have been eligible for bereavement leave with pay under a) or b) of this clause, he/she shall be granted bereavement leave with pay and his/her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

e) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Employer, may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a manner different than that provided in clause 19.02a) and b).

2. Bargaining agent proposal

25        The bargaining agent proposed that the length and timing of the bereavement leave in clause 19.02(a) be amended. Its proposals are as follows (note that proposals throughout the decision use bold and strikethrough text to denote differences):

19.02 Bereavement Leave with Pay

For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse), child (including child of common-law spouse or stepchild), ward, grandchild, grandparents, father-in-law, mother-in-law, and relative permanently residing in the employee’s household or with whom the employee permanently resides or for whom the employee has legal responsibility.

a) The following shall apply to employees in the AS group:

When a member of her/his immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive working days. Such bereavement period, as determined by the employee, must include the day of the funeral, or must begin within two days following the death. During such period he/she shall be paid for those days which are not regularly scheduled days of rest for that employee. In addition, the employee may be granted up to two (2) three (3) days’ leave with pay for the purpose of travel related to the death.

b) The following shall apply to employees in the LT group:

An employee is entitled to one (1) one day’s  bereavement leave with pay for the purpose related to the death of his/her son-in-law, daughter-in-law, brother-in-law or sister-in-law.

c) If, during a period of sick leave, vacation leave, or compensatory leave, an employee is bereaved in circumstances under which he/she would have been eligible for bereavement leave with pay under a) or b) of this clause, he/she shall be granted bereavement leave with pay and his/her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

d) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Employer may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a manner different than that provided for in clause 19.02a) and b).

[Sic throughout]

3. Employer proposal

26        The employer proposed that the status quo remain in effect.

4. Award

27        The Board has determined that the arbitral award and shall be as follows:

Article 19 – Other Leave With or Without Pay

19.02 – Bereavement Leave

(a)  When a member of his/her immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive working days. Such bereavement period, as determined by the employee, must include the day of the funeral, or must begin within two (2) days following the death. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for that employee. In addition, the employee may be granted up to two (2) days’ leave with pay for the purpose of travel related to the death.

28        The bargaining agent’s proposed change to article 19.02(b) is accepted.

B. Article 19: Other Leave With or Without Pay; Clause 19.19 (LS Group): Medical and Dental Appointments; Clause 19.20 (LT-CGS Group): Medical Appointments

1. Current provision

a. LS Group

29        Clause 19.19 of the LS Group collective agreement currently reads as follows:

Article 19 – Other Leave With or Without Pay

19.19 – Medical and Dental Appointments

Employees will be allowed time-off with pay to a maximum of two (2) hours for medical and dental appointments. Requests for such time off shall not be unreasonably denied.

a) Where possible, an employee is required to notify his/her supervisor in writing of any necessary medical or dental appointment that requires his/her absence from work at least forty-eight (48) hours prior to the appointment.

b) An employee shall use his/her sick leave credits to attend a medical/dental appointment if:

i) he/she has already taken six (6) such appointments during a three (3) month period;

or

ii) she/he is away for more than two (2) hours during his/her normal scheduled working hours in which case the time exceeding the two hour period shall be deduced from his/her sick leave credits.

b. LT-CGS Group

30        Clause 19.20 of the LT-CGS Group collective agreement currently reads as follows:

Article 19 – Other Leave With or Without Pay

19.20 – Medical and Dental Appointments

Employees will be allowed time-off with pay to a maximum of two (2) hours for medical and dental appointments. Requests for such time off shall not be unreasonably denied.

a) Where possible, an employee is required to notify his/her supervisor in writing of any necessary medical or dental appointment that requires his/her absence from work at least forty-eight (48) hours prior to the appointment.

b) An employee shall use his/her sick leave credits to attend a medical/dental appointment if:

i) he/she has already taken six (6) such appointments during a three (3) month period;

or

ii) she/he is away for more than two (2) hours during his/her normal scheduled working hours in which case the time exceeding the two hour period shall be deduced from his/her sick leave credits.

2. Bargaining agent proposal

a. LS Group

31        The bargaining agent argued that the language that it proposed for clause 19.19 of the LS Group collective agreement (and clause 19.20 of the LT-CGS Group collective agreement) is identical to what the PSLREB awarded on two separate occasions in interest arbitration under the PESRA over the past three years. The most recent decision was for the House of Commons Reporting and Text Processing Group in December of 2016. The current language concerning medical appointments at the Library of Parliament provides a number of restrictions and limitations that are not consistent with what the PSLREB has awarded for employees at the House of Commons. The bargaining agent submitted that there is no reason that this double standard exists and therefore proposed that the same language be applied to PSAC members at the Library of Parliament.

32        The bargaining agent proposed to replace the current language with the following changes for clause 19.19 - Medical and Dental Appointments of the LS Group collective agreement:

[Replace the current with the following]

19.19 – Medical and Dental Appointments

An employee shall be granted three (3) hours per visit with pay to attend medical or dental appointments. Any hours spent at the medical or dental appointments beyond the three (3) hours may, at the employer’s discretion, be deducted from the employee’s sick leave.

b. LT-CGS Group

33        The bargaining agent proposed to replace the current language with the following changes to clause 19.20 - Medical Appointments of the LT-CGS collective agreement:

[Replace the current with the following]

19.20 – Medical and Dental Appointments

An employee shall be granted three (3) hours per visit with pay to attend medical or dental appointments. Any hours spent at the medical or dental appointments beyond the three (3) hours may, at the employer’s discretion, be deducted from the employee’s sick leave.

3. Employer proposal

a. LS Group

34        The employer proposed that this clause remain the same as it currently is in both collective agreements.

35        Currently, employees are allowed a maximum of two hours off with pay for medical and dental appointments. An employee has to use sick leave credits to attend such appointments if either of the following is true:

1. he or she has already attended six such appointments in a three- month period; or
2. he or she is away from work for more than two hours during his or her normal scheduled working hours.

36        If employees will be absent from work due to such appointments, they are also required, when possible, to notify their supervisors in writing at least 48 hours before their appointments occur.

37        The employer submitted that the current language is sufficient for its purpose. Employees are expected to arrange medical and dental appointments outside their working hours. The current language protects employees when such arrangements cannot be made. In such cases, appointments should be made at the beginning or end of the workday, and the two-hour leave allows employees to bridge their appointments to their workdays. It is also important that the employee’s supervisor be provided with advance notice, when possible, so that he or she may properly manage the employer’s operational requirements.

38        The employer also noted that the PSAC and the Professional Institute of the Public Service of Canada (PIPSC) agreements with the Senate do not provide for paid leave to attend medical and dental appointments; nor do any of the PSAC agreements with the Treasury Board. In addition, the Library’s agreement with the Canadian Association of Professional Employees (CAPE) was renewed to 2017 with the same language as the current provision.

b. LT-CGS Group

39        The employer proposed that this clause remain the same as it currently is and argued the same issues stated earlier about clause 19.19 of the LS Group collective agreement.

4. Award

40        The Board awards the following:

[clause 19.19 of the LS Group agreement and clause 19.20 of the LT-CGS Group agreement]

An employee shall be granted three (3) hours per visit with pay to attend medical or dental appointments. Any hours spent at the medical or dental appointments beyond the three (3) hours may, at the employer’s discretion, be deducted from the employee’s sick leave.

a)   Where possible, an employee is required to notify his/her supervisor in writing of any necessary medical or dental appointment that requires his/her absence from work at least forty-eight (48) hours prior to the appointment.

C. Article 19; Clause 19.25 (NEW): Personal Leave (both bargaining units)

1. Current provision

41        Currently, no provision addresses the issue of personal leave in either the LS Group or the LT-CGS Group collective agreement.

2. Bargaining agent proposal

42        With respect to clause 19.25, the PSAC agreements with the Library of Parliament are the only PSAC agreements on Parliament Hill that do not provide employees with a day of personal leave. One is provided to PSAC members under every one of its collective agreements with the Treasury Board and with every major separate employer in the core public service. According to the bargaining agent, the Library of Parliament has provided no explanation as to why such leave should be denied PSAC members in its employ when it exists elsewhere in the federal public administration, including for analysts who work in the Library of Parliament.

43        Thus, the bargaining agent proposed the following language for the new clause 19.25 of the LS Group and the LT-CGS Group collective agreements:

Article 19 – Other Leave With or Without Pay

19.25 – Personal Leave

a)   Subject to operational requirements and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven point five (7.5) hours of leave with pay for reasons of a personal nature.

3. Employer proposal

44        The employer proposed that no such provision be added to either the LS Group or the LT-CGS Group collective agreement.

45        The employer submitted that the bargaining agent’s proposal for personal leave with pay introduces a new provision to the collective agreement. The bargaining agent proposed that employees be granted a single period of up to 7.5 hours of leave with pay annually for reasons of a personal nature. It should be noted that for members of these bargaining units, a normal working day is composed of seven hours.

46        The employer noted that while the Library and the House of Commons provide for one day of paid personal leave for some of their bargaining units, they do not concurrently provide volunteer leave. During the last rounds of bargaining in the federal public sector, the one day (or equivalent) of volunteer leave per year was gradually replaced by one day of personal leave. The bargaining agent did not propose removing the existing volunteer leave provision.

4. Award

47        The volunteer leave provision will be deleted from both collective agreements, and the following new personal leave provision, clause 19.25, will replace it:

19.25 Personal Leave

a)   Subject to operational requirements and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven (7) hours of leave with pay for reasons of a personal nature.

D. Article 20; Clause 20.xx (NEW): Medical Certificates (LS Group only)

1. Current provision

48        There is currently no language in the LS Group collective agreement on the topic of medical certificates.

2. Bargaining agent proposal

49        The bargaining agent proposed that new language be introduced with respect to medical certificates. Under this proposal, the bargaining agent requested that the conditions under which a medical certificate may be required of an employee be consistent with what is already in place for other Parliamentary employees. In the case of the three-day threshold, such a protection is currently in place for workers in the House of Commons’ collective agreement with UNIFOR for its technical employees. While not identical, a protection of a similar nature can be found in the Senate’s collective agreement with the PIPSC. Furthermore, an equally similar protection was awarded by the Board in interest arbitration for the House of Commons Reporting and Text Processing Group in December 2016.

50        According to the bargaining agent, there have been instances in which PSAC members at the Library of Parliament have experienced problems with respect to being granted sick leave. At the time the parties reached an impasse, the bargaining agent had no knowledge of any consistent and objective employer policy setting out when medical certificates were required. In fact, according to the bargaining agent, instances have arisen in the context of requiring medical certificates, which indicate that there is no such policy. The bargaining agent proposed that the same language that is in effect for other employees at the House of Commons be applied to workers at the Library of Parliament.

51        The bargaining agent proposed the addition of the following language:

20.xx Medical Certificates

1. Unless the Employer has reasonable cause to believe that the employee has abused his or her sick leave entitlement, an employee may be asked to produce a medical certificate only for periods of absence in excess of three (3) consecutive days.
2. When an employee is asked to provide a medical certificate by the Employer, the employee shall be reimbursed by the Employer for the cost of the certificate.

3. Employer proposal

52        The employer did not agree with the bargaining agent’s request. It seeks to maintain the status quo such that no such language is added to the LS Group collective agreement.

4. Award

53        The Board awards the following:

20.xx Medical Certificates

1. Unless the Employer has reasonable cause to believe that the employee has abused his or her sick leave entitlement, an employee may be asked to produce a medical certificate only for periods of absence in excess of three (3) consecutive days.
2. When an employee is asked to provide a medical certificate by the Employer, the employee shall be reimbursed by the Employer for the cost of the certificate.

E. Article 24: Overtime; Clause 24.03: Overtime Threshold

1. Current provision

a. LS Group

54        Clause 24.03 - Overtime Threshold of the LS Group collective agreement currently reads as follows:

Article 24 – Overtime

24.03 – Overtime Threshold

When an employee is required by the Employer to work overtime, compensation shall be calculated as follows:

1. on his/her normal day, at time and one-half (1 1⁄2) for the first seven (7) hours of overtime worked and double time (2) for each additional, subsequent and consecutive hours of overtime worked;
2. on his/her first day of rest, at time and one-half (1 1⁄2) for the first seven (7) hours of overtime worked and double (2) time thereafter;
3. on his/her second day of rest or on a designated paid holiday, at double (2) time for all overtime worked. Second day means the second day in an unbroken series of consecutive calendar days of rest;
4. where an employee on a flexible schedule, as provided for under 23.01e) or 23.02b) or 23.02e), is required to work on a scheduled day off between Monday and Friday, at time and one-half (1 1⁄2) for the first seven (7) hours of overtime worked and double (2) time thereafter.

b. LT-CGS Group

55        Clause 24.03 - Overtime Threshold of the LT-CGS Group collective agreement currently reads as follows:

Article 24 – Overtime

24.03 – Overtime Threshold

When an employee is required by the Employer to work overtime, compensation shall be calculated as follows:

1. On his/her normal scheduled workday, at time and one-half (1 1⁄2) for each hour of overtime worked and double time (2) for each additional, subsequent and consecutive hours of overtime worked;
2. On his/her first day of rest, at time and one-half (1 1⁄2) for each hour of overtime worked and, on his/her second day of rest, at double time (2) for each hour of overtime worked provided that the employee also worked on the first day of rest. Second day of rest means the second day in an unbroken series of consecutive and contiguous calendar days of rest.
3. On a designated paid holiday, time and one-half (1 1⁄2) for each hour worked for employees in the AS group, in addition to designated paid holiday. Employees in the LT group shall be paid double (2) time for each hour worked on a designated paid holiday.
4. Where an employee on a flexible schedule, as provided for under 23.01 e) or 23.02 b) or 23.02e), is required to work on a scheduled day off between Monday and Friday, at time and one-half (1 1⁄2) for the first seven (7) hours of overtime worked and double (2) time thereafter.

2. Bargaining agent proposal

a. LS Group

56        The bargaining agent proposed to lower the threshold for double time on a normal scheduled workday to after 3 hours for each additional subsequent and consecutive hour of overtime worked after 10 hours are worked in a 24-hour period. The bargaining agent also proposed the lower threshold for double time be changed from after 7 hours to after 3 hours when an employee on a flexible schedule is required to work on a scheduled day off between Monday and Friday.

57        The bargaining agent proposed the following amendments with respect to clause 24.03 of the LS Group collective agreement:

Article 24 – Overtime

24.03 – Overtime Threshold

When an employee is required by the Employer to work overtime, compensation shall be calculated as follows:

1. on his/her normal day, at time and one-half (1 1⁄2) for the first seven (7) three (3) hours of overtime worked and double time (2) for each additional subsequent and consecutive hours of overtime worked after ten (10) hours worked in a twenty-four-hour (24) period;
2. on his/her first day of rest, at time and one-half (1 1⁄2) for the first seven (7) hours of overtime worked and double (2) time thereafter.
3. on his/her second day of rest or on a designated paid holiday at double (2) time for all overtime worked. Second day means the second day in an unbroken series of consecutive calendar days of rest;
4. where an employee on a flexible schedule, as provided for under 23.01e) or 23.02b) or 23.02e), is required to work on a scheduled day off between Monday and Friday, at time and one-half (1 1⁄2) for the first seven (7) three (3) hours of overtime worked and double (2) time thereafter.

b. LT-CGS Group

58        The bargaining agent proposed to lower the threshold for double time on a normal scheduled workday to after 3 hours for each additional subsequent and consecutive hour of overtime worked after 10 hours are worked in a 24-hour period. The bargaining agent also proposed to lower the threshold for double time from after seven hours to after three hours when an employee on a flexible schedule is required to work on a scheduled day off between Monday and Friday. Thus, the bargaining agent proposed the following amendments to clause 24.03 - Overtime Threshold of the LT-CGS Group collective agreement:

Article 24 – Overtime

24.03 – Overtime Threshold

When an employee is required by the Employer to work overtime, compensation shall be calculated as follows:

1. on his/her normal scheduled day, at time and one-half (1 1⁄2) for the firstseven (7) three (3) hours of overtime worked and double time (2) for each additional subsequent and consecutive hours of overtime worked after ten (10) hours worked in a twenty-four (24) hour period;
2. on his/her first day of rest, at time and one-half (1 1⁄2) for the first seven (7) hours each hour of overtime worked and, on his/her second day of rest, at double time (2) for each hour of overtime worked and double (2) time thereafter;
3. on his/her second day of rest or on a designated paid holiday, at double (2) time for all overtime worked. Second day means the second day in an unbroken series of consecutive calendar days if rest.
4. where an employee on a flexible schedule, as provided for under 23.01 e) or 23.02 b) or 23.02 e), is required to work on a scheduled day off between Monday and Friday, at time and one-half (1 1⁄2) for the first seven (7)  three (3) hours of overtime worked and double (2) time thereafter.

3. Employer proposal

a. LS Group

59        The employer proposed that the status quo remain in effect for clause 24.03 of the LS Group collective agreement. It noted that its two other bargaining group collective agreements provide for a similar threshold for the payment of double overtime, which is after 7 hours of overtime for the LT-CGS Group and after 15 hours worked for the groups represented by CAPE.

b. LT-CGS Group

60        The employer noted that there is a typo in the current language as it appears in the amalgamated agreement; the seven-hour threshold for double time was inadvertently removed. That threshold was in the previous LT agreement (not in the CGS agreement) but in error was not captured in the merged agreement.

61        In its brief, the employer objected to this proposal being referred to arbitration. At no time during negotiations did the bargaining agent table an overtime threshold. As such, the employer submitted that the Board does not have jurisdiction to render a decision on this bargaining agent proposal as s. 150(2) of the Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2)prohibits an award dealing with a term or condition of employment that was not the subject of negotiations between the parties. That subsection states as follows:

150 (2) The arbitral award may not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before arbitration was requested.

62        The employer objected to any ruling on clause 24.03 as the provision noted in the last paragraph specifically prohibits the Board from dealing with a term or condition of employment that was not previously tabled during negotiations.

63        In the alternative, the employer noted that the collective agreements for its two other groups provide for a similar threshold for the payment of double overtime, which is after 7 hours of overtime for the LS Group and after 15 hours worked for the CAPE groups.

64        Thus, the employer requested that the bargaining agent’s proposal for clause 24.03 of the LT-CGS Group collective agreement not be included in the arbitral award.

65        The bargaining agent did not appear to dispute that this issue had not been raised with respect to the LT-CGS Group, and accordingly, the employer counsel’s objection with respect to the LT-CGS Group is upheld.

4. Award

a. LS Group

66        The Board awards the following change to clause 24.03(a) of the LS Group collective agreement:

Overtime

24.03 – Overtime Threshold

When an employee is required by the Employer to work overtime, compensation shall be calculated as follows:

a) on his/her normal workday, at time and one-half (1 1⁄2) for each hour of overtime worked and double (2) time for each hour of overtime worked after ten (10) hours worked in any twenty-four (24) hour period;

F. Article 24: Overtime (both bargaining units); Clause 24.08: Meal Allowance

1. Current provision

a. LS Group

67        Clause 24.08 - Meal Allowance of the LS Group collective agreement currently reads as follows:

Article 24 – Overtime

**24.08 – Meal Allowance

a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee’s scheduled hours of work shall be reimbursed for his or her expenses for one meal in the amount of ten dollars ($10.00), except where free meals are provided. Reasonable time, to be determined by the Employer, shall be allowed the employee in order to take this meal break either at or adjacent to her/his place of work.

**b)    When an employee works overtime continuously extending three (3) hours or more beyond the period provided in paragraph a), the employee shall be reimbursed for one additional meal in the amount of ten dollars ($10.00) for each additional three (3) hour period of overtime worked thereafter, except where free meals are provided. Reasonable time, to be determined by the Employer, shall be allowed [sic] the employee in order to take this meal break either at or adjacent to her/his place of work.

b. LT-CGS Group

68        Clause 24.08 - Meal Allowance of the LT-CGS Group collective agreement currently reads as follows:

**24.08

1. An employee who works three (3) or more hours of overtime immediately before or immediately following his/her normal scheduled hours of work shall be reimbursed for one (1) meal in the amount of ten dollars ($10.00) for each completed three (3) hour period, except where free meals are provided. Reasonable time, to be determined by the Employer, shall be allowed [sic] the employee in order that he/she may take this paid meal break either at or adjacent to his/her place of work.
2. When an employee in the AS group works overtime, continuously extending four (4) hours or more beyond the period provided in a) above, he/she shall be reimbursed for one (1) additional meal in the amount of ten dollars ($10.00), except where free meals are provided. Reasonable time to be determined by the Employer, shall be allowed [sic] the employee in order that he/she may take this paid meal break either at or adjacent to his/her place of work.
3. Paragraph 24.08 a) shall not apply to an employee in the LT group who is in travel status, which entitles the employee to claim expenses for lodging and/or meals.

2. Bargaining agent proposal

a. LS Group

69        Employees are currently entitled to an overtime meal allowance of $10.00 when they work three or more hours of overtime immediately before or immediately following their normally scheduled hours of work, except when free meals are provided. They are also entitled to a second meal allowance when they work three hours or more beyond the initial overtime. In all instances, the employer determines when the employees can take such meal breaks.

70        The bargaining agent proposed an increase from $10.00 to $11.50 for the first overtime meal allowance and any subsequent overtime meal allowance, while removing the exception when free meals are provided. It also proposed to extend the subsequent meal allowances to all employees and to remove language that provides that the employer determines the meal period.

71        Thus, the bargaining agent proposed the following language for the meal allowance provision of the LS Group collective agreement:

24.08 Meal Allowance

1. An employee who works three (3) or more hours of overtime immediately before to immediately following the employee’s scheduled hours of work shall be reimbursed for his or her expenses for one meal in the amount of ten eleven dollars and fifty cents ($11.50), except where free meals are provided. Reasonable time, to be determined by the Employer, shall be allowed to the employee in order to take this meal break either at or adjacent to her/his place of work.
2. When an employee in the AS group works overtime continuously extending three (3) hours or more beyond the period provided in paragraph a), the employee shall be reimbursed for one additional meal in the amount of ten eleven dollars and fifty cents ($11.50) for each additional three (3) hour period of overtime worked thereafter, except where free meals are provided. Reasonable time, to be determined by the Employer, shall be allowed to the employee in order to take this meal break either at or adjacent to her/his place of work.

b. LT-CGS Group

72        Employees in the LT-CGS Group are currently entitled to an overtime meal allowance of $10.00 when they work three or more hours of overtime immediately before or immediately following their normally scheduled hours of work, except when free meals are provided. Employees in the LT-CGS Group are also entitled to a second meal allowance when they work four hours or more beyond the initial overtime. In all instances, the employer determines when the employees can take such meal breaks.

73        The bargaining agent proposed an increase from $10.00 to $11.50 for the first overtime meal allowance and any subsequent overtime meal allowance, while removing the exception when free meals are provided. It also proposed to extend the subsequent meal allowances to all employees and to remove language that provides that the employer determines the meal period.

74        Thus, the bargaining agent proposed the following language for the meal allowance provision of the LT-CGS Group collective agreement:

Article 24 - Overtime

24.08 Meal Allowance

1. An employee who works three (3) or more hours of overtime immediately before or immediately following the employee’s scheduled hours of work shall be reimbursed for his or her expenses for one meal in the amount of ten eleven dollars and fifty cents ($11.50), except where free meals are provided. Reasonable time, to be determined by the Employer, shall be allowed the employee in order to take this meal break either at or adjacent to her/his place of work.
2. When an employee in the AS group works overtime continuously extending three (3) hours or more beyond the period provided in paragraph a), the employee shall be reimbursed for one additional meal in the amount of ten eleven dollars and fifty cents ($11.50) for each additional three (3) hour period of overtime worked thereafter except where free meals are provided. Reasonable time, to be determined by the Employer, shall be allowed to the employee in order to take this meal break either at or adjacent to her/his place of work.
3. Remove.

3. Employer proposal

a. LS Group

75        The employer proposed that the status quo remain in effect and opposed the bargaining agent’s proposal.

76        According to the employer’s counsel, it is not reasonable to expect the employer to pay for a meal allowance when the employee is already provided with free meals. An employee required to work unplanned overtime is provided a meal allowance to purchase a meal he or she could not have planned for. The meal allowance is not meant to be an additional premium for working overtime. Employees are already compensated for the fact they have to work overtime by receiving time and one-half or even double time for overtime hours worked.

77        The employer submitted that it is its management right to determine when an employee can take a meal break. Such a determination is based on several factors, such as workload and operational requirements, which the employer is best placed to evaluate. Meal breaks during regular working hours are determined by the employer, and it submitted that there is no compelling reason to deviate from this practice for meals during overtime hours.

b. LT-CGS Group

78        The employer proposed that the status quo remain in effect and is opposed to the bargaining agent’s proposal for the same reasons as it noted with respect to clause 24.08 of the LS Group collective agreement.

4. Award

79        The meal allowance shall be increased from $10.00 to $11.50 in paragraphs (a) and (b) of clause 24.08 of the LS Group and the LT-CGS Group collective agreements. No further changes are made to this article.

G. Article 24; Clauses 24.05 and 24.15: Overtime: Late Parliamentary Sittings (LT-CGS Group only)

1. Current provision

80        Clauses 24.05 and 24.15 - Late Parliamentary Sittings is before the Board only for the LT-CGS Group collective agreement. The LS Group provisions on this topic are not part of this arbitral award. The provisions under the LT-CGS Group collective agreement currently read as follows:

Article 24 – Overtime

Late Parliamentary Sittings

24.05 Upon request from the employee, and with the Employer’s approval, overtime worked under this article may be granted in the form of cash or compensatory leave which will be calculated at the applicable overtime rate. Compensatory leave earned in a fiscal year and still outstanding on 31 January of the next following fiscal year shall be paid in cash at the applicable overtime rate of pay at the time that it was earned. Such request shall not be unreasonably denied.

...

24.15 An employee who has worked overtime during a late parliamentary sitting shall not be required to start work the next day until twelve (12) hours have elapsed for those employees in the LT group who work past midnight, or until ten (10) hours have elapsed in the case of employees in the AS group who work past midnight.

2. Bargaining agent proposal

81        The bargaining agent proposed to extend the 12-hour period to all employees as well as to lower the threshold from midnight to 10:00 pm. In bargaining with the LS Group, the employer agreed to remove this threshold, yet for the LT-CGS Group, it refused. It provided no explanations in negotiations as to why this threshold should apply to work in this bargaining unit and yet is not necessary for workers in the LS Group. The bargaining agent proposed that the same language be applied to both.

82        The bargaining agent proposed the following:

24.05 a)        Upon request of an employee and with the approval of the employer overtime worked may be compensated in equivalent time off calculated at the applicable overtime rate. Such request shall not be unreasonably withheld.

b)   Notwithstanding 24.05a) an employee who has worked overtime during a late Parliamentary sitting shall not be required to start work the next day until twelve (12) hours have elapsed for those employees who work past midnight 10:00 pm.

c)   Compensatory leave earned in a fiscal year and still outstanding on 31 January of the next following fiscal year shall be paid in cash at the applicable overtime rate of pay at the time that it was earned.

24.15  An employee who has worked overtime during a late parliamentary sitting shall not be required to start work the next day until twelve (12) hours have elapsed for those employees who work past midnight 10:00 pm.

3. Employer proposal

83        The employer proposed that the status quo remain for clause 24.05 of the LT-CGS Group collective agreement.

84        The employer proposed the following changes to clause 24.15 of the LT-CGS Group collective agreement:

24.15  An employee who has worked overtime during a late parliamentary sitting shall not be required to start work the next day until twelve (12) hours have elapsed for those employees in the LT group who work past midnight, or until ten (10) hours have elapsed in the case of employees in the AS group who work past midnight.

85        Under the current language, an employee who works overtime during a late Parliamentary sitting, past midnight, is not required to work the next day until 12 hours have elapsed for LT employees and 10 hours for LT-CGS employees. The employer proposed to amend clause 24.15 so that all employees of the bargaining unit benefit from 12 hours off after working overtime past midnight on a late Parliamentary sitting. The employer is opposed to lowering the time threshold, as proposed by the bargaining agent.

4. Award

86        The Board does not award changes to clause 24.05. The Board awards the following language to replace the current clause 24.15:

24.15  An employee who has worked overtime during a late Parliamentary sitting shall not be required to start work the next day until twelve (12) hours have elapsed.

H. Article 36: Shift Premium (LS Group); Article 26: Shift Early and Late Hour Premium (LT-CGS Group)

1. Current provision

a. LS Group

87        Under the LS Group collective agreement, the provision currently reads as follows:

Article 36 – Shift Premium

36.01  An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours worked between 17:30 and 08:00 hours. The shift premium will not be paid for hours worked between 0:800 and 17:30 hours. All calculations for a shift premium shall be based on each completed period of fifteen (15) minutes.

36.02  Requests for compensation that are made as a result of the application of this Article must be submitted to the Employer by the last day of the month following the month in which the shift premium is being requested by the employee.

b. LT-CGS Group

88        Under the LT-CGS Group collective agreement, the provision currently reads as follows:

Article 26 – Shift – Early and Late Hour Premium

26.01  An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours worked between 17:30 and 08:00 hours. The shift premium will not be paid for hours worked between 0:800 and 17:30 hours. All calculations for shift premium shall be based on each completed period of fifteen (15) minutes.

26.02  Requests for compensation that are made as a result of the application of this Article must be submitted to the Employer by the last day of the month following the month in which the shift premium was performed by the employee.

2. Bargaining agent proposal

a. LS Group

89        The bargaining agent proposed to replace the current shift premium language by a new clause and premium for the LS Group collective agreement. Its proposals are as follows:

Article 36 – Shift Early and Late Hour Premium

36.01  An employee shall receive a premium of two dollars ($2.00) seven dollars ($7.00) per hour for all each hours hour worked between 17:30 and 08:00 hours that he or she is required to work before 8:00 am and after 5:30 pm. All calculations for a shift premium for the Late Hour premium shall be based on each completed period of fifteen (15) minutes.

36.02  Requests for compensation that are made as a result of the application of this Article must be submitted to the Employer by the last day of the month following the month in which the shift premium is being requested by the employee.

b. LT-CGS Group

90        The bargaining agent argued that agreements with the Library of Parliament are very much exceptions when compared to its agreements with all other Parliamentary employers, in that Library of Parliament employees have fewer rights with respect to hours-of-work scheduling. Moreover, the language in the current agreement does not reflect the long-standing scheduling practices for employees working at the Library of Parliament.

91        The basic rights afforded to employees under this agreement are essentially as follows:

• Employees shall work no more than 1820 hours a year at straight time.
• Employees shall be scheduled “an average” of 35 hours per week.
• The normal hours of work are scheduled no earlier than 7:30 a.m. and no later than 9:00 p.m.
• Saturday and Sunday are days of rest.
• Employees who do not receive five days’ notice of a change to a scheduled shift will be compensated at time-and-a-half for hours worked within the five-day window.
• Employees receive a lunch break and, subject to operational requirements, rest breaks.

92        Every other provision with respect to hours-of-work scheduling is subject to employer discretion. In effect, the length of a workday, when an employee starts or ends his or her shift between 7:30 a.m. and 9:00 p.m., and his or her break times are all at the employer’s prerogative.

93        Thus, the bargaining agent proposed the following replacement for the LT-CGS Group:

Article 26 – Shift Early and Late Hour Premium

26.01  An employee shall receive a premium of seven dollars ($7.00) per hour for each hour that he or she is required to work before 8:00 am and after 5:30 pm. All calculations for the Late Hour premium shall be based on each completed period of fifteen (15) minutes.

26.02  Requests for compensation that are made as a result of the application of this Article must be submitted to the Employer by the last day of the month following the month in which the shift premium is being requested by the employee.

3. Employer proposal

a. LS Group

94        The employer proposed that the status quo remain in effect for article 36 of the LS Group collective agreement. It submitted that the current quantum for the shift premium is normative. The bargaining agent’s proposal to expand the application and increase the quantum by 250% is unreasonable and excessive.

b. LT-CGS Group

95        The employer proposed that the status quo remain in effect for article 26 of the LT-CGS Group collective agreement. The employer submitted the same arguments as it did for its proposal for article 36 of the LS Group collective agreement.

4. Award

96        The Board awards an increase in the shift premium for both groups to $2.25 per hour for all hours worked between 18:00 and 06:00. The shift premium will not be paid for hours worked between 06:00 and 18:00. The remainder of the existing clause, Shift Premium, is unchanged in both agreements.

I. Article 40 (LS Group); Article 41 (LT-CGS Group): Duration

1. Current provision

a. LS Group

97        Article 40 - Duration of the LS Group collective agreement currently reads as follows:

Article 40 – Duration

40.01  This Collective Agreement shall expire on 31 August 2014.

40.02  Unless otherwise expressly stipulated, the new provisions of this agreement shall become effective on the date of the ratification.

b. LT-CGS Group

98        Article 41 - Duration of the LT-CGS Group collective agreement currently reads as follows:

Article 41 – Duration

Unless otherwise mutually agreed upon by the Public Service Alliance of Canada and the Library of Parliament, this collective agreement shall remain in effect until such time as the parties sign a new agreement, or until such time as an interest arbitration award is issued by the PSLREB consistent with Section 57 the Parliamentary Employment and Staff Relations Act.

2. Bargaining agent proposal

a. LS Group

99        The bargaining agent proposed that the collective agreement expire on August 31, 2017. Therefore, it proposed that article 40 be modified to reflect this proposal.

b. LT-CGS Group

100        The bargaining agent proposed that the collective agreement expire on August 31, 2017. Therefore, it proposed that article 41 be modified to reflect this proposal.

3. Employer proposal

101        In both the case of the LS Group (article 40) and LT-CGS Group (article 41) collective agreements, the employer proposed the following modifications: “The employer is seeking a three (3) year agreement that would commence on September 1, 2014 and end on August 31, 2017.”

4. Award

102        The new collective agreements will expire on August 31, 2017.

J. Appendix A (both bargaining units): Rates of Pay

1. Current provision

a. LS Group

103        The current provision is reflected at page 51 of the LS Group collective agreement (Exhibit 2). In short, the current rate increases were as follows:

b. LT-CGS Group

104        The current provision is reflected in the following grid (also found at page 112 of the LT-CGS Group submissions).

Classification	Step 1	Step 2	Step 3	Step 4	Step 5
CGS-1	37,616	38,696	39,788	40,911	42,752
CGS-2	41,524	42,405	43,289	44,194	46,005
CGS-3	46,083	47,409	48,744	50,112	52,366
CGS-4	50,315	51,645	53,415	55,242	57,894
CGS-5	53,078	54,506	55,916	57,364	59,888
CGS-6	53,364	55,339	57,316	59,293	62,317
CGS-7	60,468	62,283	64,152	66,076	69,446
CGS-8	66,898	68,903	70,972	73,101	76,830

Classification	Step 1	Step 2	Step 3	Step 4	Step 5
LT-1	41,540	43,107	44,678	46,303	48,572
LT-2	47,432	49,248	51,073	52,963	55,558
LT-3	51,356	53,046	54,736	56,481	59,136
LT-4	56,171	57,895	59,626	61,401	64,225
LT-5	59,732	61,652	63,587	65,585	68,667
LT-6	65,168	67,083	69,013	70,994	74,188

2. Bargaining agent proposal

a. LS Group

105        The bargaining agent proposed that effective September 1, 2014, before any economic increase, a 10% market adjustment under the bargaining agent’s proposal would be applied to the wage scales.

b. LT-CGS Group

106        Under the current collective agreement, it takes an employee at the CGS -01 to CGS-08 levels four (4) years (5a five- step grid) to reach the maximum rate of pay.

107        The bargaining agent proposed a new salary grid for employees classified in the CGS series that would reduce the number of increments by increasing the increment size for these employees. The proposed grid would include three increments (creating a four-step wage grid). The following table presents the new proposed wage grid, effective September 1, 2014, before any economic increase:

Classification	Step 1	Step 2	Step 3	Step 4
CGS-1	37,616	39,256	40,966	42,752
CGS-2	41,524	42,967	44,460	46,005
CGS-3	46,083	48,089	50,182	52,366
CGS-4	50,315	52,724	55,249	57,894
CGS-5	53,078	55,257	57,526	59,888
CGS-6	53,364	56,195	59,177	62,317
CGS-7	60,468	63,324	66,314	69,446
CGS-8	66, 898	70,057	73,365	76,830

108        The bargaining agent proposed a new salary grid for employees classified in the LT series that would reduce the number of increments by increasing the increment size for these employees. The proposed grid would include three increments (a four-step wage grid). The following table presents the new proposed wage grid, effective September 1, 2014, before any economic increase:

Classification	Step 1	Step 2	Step 3	Step 4
LT-1	41,540	43,763	46,105	48,572
LT-2	47,432	49,999	52,705	55,558
LT-3	51,356	53,828	56,420	59,136
LT-4	56,171	58,737	61,420	64,225
LT-5	59,732	62,573	65,549	68,667
LT-6	65,168	68,046	71,729	75,611

109        In addition, the bargaining agent proposed that on the date of restructuring, an employee shall be paid at the step on the new pay grid that is nearest but not less than the employee’s salary on September 1, 2014.

110        For the purposes of determining salary, all employees who are hired within 12 months of the date of the introduction of the new salary grid shall be subject to the provisions of these pay adjustments.

3. Employer proposal

a. LS Group

111        According to the employer, there is no business rationale for suggesting that the LS Group’s compensation is inadequate. There have been no substantial changes to the job content or duties and responsibilities of the positions that would justify restructuring the grid before the application of general economic increases. The employees of this bargaining unit continue to perform the same duties and responsibilities they have for years.

112        As such, the employer proposed that the status quo remain in effect.

b. LT-CGS Group

113        The employer submitted that the bargaining agent has proposed and submitted to arbitration a similar restructuring of the wage grids in all its collective agreements with the House of Commons and the Senate of Canada during the last round of bargaining. The proposal was refused three times in arbitration for the House of Commons Operations (Exhibit 14, paragraph 72, of LT-CGS employer brief), Reporting and Text Processing (Exhibit 13, paragraph 38, of LT-CGS Group, employer brief), and Scanners (Exhibit 15, paragraph 43, of LT-CGS Group, employer brief). The bargaining agent withdrew the proposal at arbitration with the House of Commons Postal Services Group and the Senate of Canada Operations Group. Again during this round of bargaining, a similar proposal was recently denied at arbitration for the House of Commons Report and Text Processing Group. The arbitration board in Public Service Alliance of Canada v. House of Commons, 2016 PSLREB 120, concluded as follows at paragraph 50:

[50] ... At the hearing, the bargaining agent failed to present any substantial or qualitative changes to the duties and responsibilities of the Reporting Sub-group and Text Processing Sub-group that would justify the requested reduction in the increments; nor did it raise any compelling recruitment or retention concerns. The Board is also mindful of the internal relativity with other groups and of the larger impact that a decision to amend the wage grids without sufficient evidence may have on other bargaining units....

114        The employer submitted that the arguments raised by Chairperson Bertrand last December also apply to this bargaining unit. Thus, the employer proposed that the status quo remain in effect.

115        According to the employer, the bargaining agent provided no rationale for suggesting that the LT-CGS Group’s compensation is inadequate. There have been no substantial changes to the job content or duties and responsibilities of the positions that would justify restructuring the grid before the application of general economic increases. The employees of this bargaining unit continue to perform the same duties and responsibilities they have for years.

116        The employer submitted that there must be a substantive, qualitative change in the job to warrant restructuring the grid. When deciding reclassification issues, arbitral jurisprudence dictates that the basic functions of the job must change. As stated as follows in Nurses’ Association Joseph Brant Memorial Hospital v. Joseph Brant Memorial Hospital (1972), 24 L.A.C. 104 at para. 22:

... in order to constitute a changed occupational classification ... there must be more than a mere change, addition to, or subtraction from the actual job content of a classification. Rather, there must be a substantial, qualitative change in the actual function performed by the employees in the classification. The employees’ basic job function, subject of course to the de minimis principle, must have changed in fact even if not in name....

117        As affirmed in Sudbury Regional Hospital v. O.N.A. (2008), 177 L.A.C. (4^th) 394 at para. 14, a substantial qualitative change will occur only if the change is “... considerable in importance, value, degree, amount or extent” to the core function of a position.

118        The employer submitted that to establish a demonstrated need, the bargaining agent must demonstrate that the core functions of the LT-CGS Group positions have changed so significantly that the duties of the positions now warrant a restructuring of the grid. Furthermore, the natural evolution of a job does not necessarily result in a new classification. There is a fundamental difference between the natural evolution of a job and a change to its core functions. A change to the emphasis of duties and responsibilities (or additional duties) that does not alter the core functions of a job is not enough to warrant restructuring.

119        The employer submitted that there has not been such a substantial, qualitative change to the job duties and responsibilities of the members of this bargaining unit to warrant restructuring the grid as proposed by the bargaining agent. Absent any compelling evidence to the contrary, the bargaining agent is quite simply looking for an unsubstantiated increase for its members.

4. Board award

a. Economic increases

120        The number of increments in the current wage grids for members in the LT-CGS Group will remain unchanged.

121        The Board awards the following economic increases to each of the bargaining groups:

122        The bargaining agent’s request for a market adjustment of 10% for members of the LS Group is not awarded.

IV. General

123        Attached as Schedules A and B is a comprehensive list of the changes to each collective agreement that have been awarded by this Board.

124        The Board will remain seized of this matter for a period of three months from the date of this award in the event that the parties encounter any difficulties in its implementation. As part of their implementation consultations, the parties may agree to alternate language for the collective agreement that achieves the same purpose as that contained in this arbitral award and may use article 40 - Agreement Reopener to incorporate that language into the collective agreement.

October 17, 2017.