FPSLREB Decisions

1 By letter dated September 12, 2006 the bargaining agent submitted a request for arbitration in respect of all employees of the employer in the Informatics Group. In this letter the bargaining agent identified a number of terms and conditions that it wished to refer to an arbitration board. As noted in the Terms of Reference issued by the Acting Chairperson of the PSLRB on December 5, 2006 ". the employer did not address any of the terms and conditions of employment that the bargaining agent wished to have referred to the arbitration board, or the proposals concerning the award to be made in respect of those terms and conditions of employment. The employer did not request arbitration in respect of additional terms and conditions of employment."  The parties did agree at the outset of this hearing that the following issues (all of which had been submitted by the bargaining agent) were in dispute and were properly before this arbitration board:

1. Article B8.02 - Accumulated Vacation Leave Credits
2. Article B8.17 - New; Vacation Transfer
3. Article B8.17  and B.19.01 and B. 19.02 - New; One
   time Vacation Credit
4. Article B.21.01 - Personnel Selection Leave with Pay
5. Article B.22 - New; Injury on Duty Leave
6. Article B.26 - New; Severance Pay
7. Article B29 - Safety and Health
8. Article C.5 - Leave for Labour Relations Matters
9. Article D.1 - Part-time Employees
10. Article D.4 - Harassment
11. Article E.4.01 - Duration
12. Appendix "A" - Annual Rates of Pay
13. Appendix "A" - MOU Terminable Allowance
14. New - Recognition of Service
15. New - Professional Leave
16. New - Reporting Pay
17. New - Telework

2 The arbitration board held a hearing on January 31 and February 1, 2007, at which time the parties were given full opportunity to present evidence and make submissions.  Prior to this hearing, the parties exchanged briefs, which were also submitted to the arbitration board.  Following the hearing, the arbitration board met to consider its award.  In arriving at its award, the arbitration board considered the evidence and submissions of the parties in light of the factors enumerated in section 148 of the PSLRA.

3 During the course of this hearing the parties, with the assistance of the board, reached a Memorandum of Agreement with respect to all of the outstanding issues noted above, with the exception  of: 11)  Article E.4.01 - Duration; 12); Appendix "A" - Annual Rates of Pay; and 13) Appendix "A" - MOU Terminable Allowance.

4 With respect to "Duration" the bargaining agent proposed a 2½ year agreement expiring November 30, 2007. The employer proposed a 4 year agreement. The board has determined that the agreement should renewed for a period of three (3) years, expiring on May 31, 2008.

5 The bargaining agent proposed an economic increase to all rates of pay of 2.4% in the first year, 2.5% in the second year and 1.75% increase for the following 6 month period. The employer also proposed an increase of 2.4% in the first year and 2.5% in the second year; for the third and fourth year the employer proposed 2% increases for each year.  The board has determined that there should be an increase of 2.4% in the first year, 2.5% in the second year and 2.4% in the third year.

6 With respect to the Terminable Allowance, the bargaining agent proposed that it be rolled into the base pay at all levels. The employer proposed the termination of the Allowance as of December, 2006. The board has concluded that the Terminable Allowance should be renewed without change.

7     The arbitration board shall 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.

Philip Chodos,
For the Board

OTTAWA, February 14, 2007.