FPSLREB Decisions

Request for arbitration - Jurisdiction - Suspension of arbitration as a dispute resolution process - Budget Implementation Acts of 1996 and 1999 - Section 43 of the Interpretation Act - on July 22, 1999, the Public Service Alliance of Canada (PSAC) requested arbitration of a dispute affecting all employees of the Staff of the Non-Public Funds, Canadian Forces, (SNPF) in the Administrative Support Category and the Operational Category employed at the Canadian Forces Base, Petawawa - SNPF objected to the Board's jurisdiction to entertain this request as, at the time notice to bargain had been given, arbitration had been suspended as a dispute resolution process under the Public Service Staff Relations Act (PSSRA) by the provisions of the Budget Implementation Act, 1996 - PSAC pointed out that, at the time the request for arbitration was made, arbitration had been restored as a dispute resolution process for separate employers by virtue of the Budget Implementation Act, 1999 - therefore, the Chairperson had a mandatory obligation under the PSSRA to act on that request - the Board concluded that the effect of section 43 of the Interpretation Act was to continue the repealed provisions of the Budget Implementation Act, 1996, in force for this bargaining unit for this round of bargaining. Request dismissed. Case cited: Scott v. College of Physicians and Surgeons of Saskatchewan (1992), 95 D.L.R. (4th) 706 (Sask. C.A.).