FPSLREB Decisions

Jurisdiction - Privatization - Successor rights - Section 47.1 of the Canada Labour Code (Code) - grievor was one of the civilian employees of the Department of National Defence (DND) at 15 Wing CFB Moose Jaw who had been providing site support services for military pilot training - these employees were subject to the provisions of the Public Service Staff Relations Act (PSSRA) and were represented by the Public Service Alliance of Canada (PSAC), which had been certified as their bargaining agent - PSAC had given notice to bargain to Treasury Board, thereby invoking the statutory freeze of the employees' terms and conditions of employment pursuant to section 52 of the PSSRA - as a result of an agreement between Bombardier Inc. (Bombardier) and the federal government, Bombardier took over the military pilot training program - Bombardier subcontracted the site support services provided at 15 Wing CFB Moose Jaw to Frontec Corporation (Frontec) - as part of its contractual obligations, Frontec offered employment to some of the civilian employees of DND who had been previously providing these services - grievor was one such employee - he commenced working for Frontec on June 1, 1998 - his employment was terminated by Frontec for disciplinary reasons on January 11, 1999 - on January 15, the grievor completed a grievance form alleging that the employer's action in terminating his employment was unjustified - on February 2, 1999, PSAC submitted this grievance to DND - on March 15, 1999, DND advised both the grievor and PSAC that, as it was no longer the grievor's employer, they should raise the matter with Frontec - on August 30, 1999, PSAC referred the grievance to adjudication without its ever having been formally presented to Frontec - on October 27, 1998, PSAC applied to the Canada Industrial Relations Board (CIRB) under section 47.1 of the Code for a determination of successor rights in relation to these employees - on January 14, 2000, the CIRB rendered its decision continuing the PSAC's status as bargaining agent: Public Service Alliance of Canada and Bombardier Inc. et al (CIRB files 19046-C and 19048-C) - PSAC submitted that pursuant to section 47.1 of the Code only an adjudicator appointed under the PSSRA had jurisdiction to entertain this grievance - PSAC also applied for an extension of time either permitting the existing grievance to proceed with Frontec as employer or, in the alternative, permitting the filing of a new grievance addressed to Frontec as employer - Frontec argued that it is not an employer and the grievor is no longer an employee under the PSSRA - Frontec acknowledged that, after the transfer of the site support services from the Public Service to Frontec, section 47.1 of the Code continued in force the frozen terms and conditions of employment contained in the relevant collective agreement until the parties bargain to an impasse - Frontec also acknowledged that the PSSRA applies"in all respects" to the interpretation and application thereof - nonetheless, Frontec submitted that any disputes arising under the collective agreement must be resolved by arbitration under the Code - relying on the provisions of section 47.1 of the Code, the Chairperson determined that only an adjudicator appointed under the PSSRA has the authority to hear and determine this grievance - parties were directed to contact the Assistant Secretary, Operations, to arrange for the scheduling of a hearing on the application for an extension of time (149-2-220). Jurisdiction taken. Case cited: Public Service Alliance of Canada and Bombardier Inc. et al (CIRB files 19046-C and 19048-C).