FPSLREB Decisions

The bargaining unit consists of all employees in the CANEX Operational Category at 15 Wing Moose Jaw, save and except for Managers/Category 11 employees.

This operational category currently consists of five (5) employees, four CANEX Clerk/Cashiers and one CANEX Postal Clerk.

The Collective Agreement respecting the bargaining unit expired on November 2, 2009.  That same day notice to bargain, for the purposes of negotiating a renewal Collective Agreement, was served by the Union.  The parties met to negotiate the terms of the Collective Agreement on November 17, 18 and 19, 2009.  Subsequently the Employer filed for arbitration and in order to expedite the resolution of the matter the parties agreed to a one member arbitration board.

All of the outstanding issues between the parties were resolved prior to arbitration save and except for the issue concerning rates of pay, which was referred to arbitration.

Arbitration hearings were scheduled for March 29 and 30, 2010 in Moose Jaw. On March 29, 2010 the parties continued to negotiate, with the assistance of the Board, in an effort to reach a settlement.  Those efforts proved fruitless and on March 30, 2010 the parties were given full opportunity to present evidence and make submissions.  Prior to these hearings, the parties exchanged briefs, which were also submitted to the Board.

In arriving at its award the Board considered the evidence and submissions of the parties in light of the factors enumerated in section 148 of the Public Service Labour Relation Act which provides the following:

1. the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians;
2. the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including geographic, industrial or other variations that the arbitration board deems relevant;
3. the need to maintain appropriate relationships with respect to compensation and other terms and condition of employment as between different classification levels within an occupation and as between occupations in the public service;
4. the need to establish compensation and other 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
5. the state of the Canadian economy and the Government of Canada’s fiscal circumstances.

In its review of the comparator positions and corresponding wage grids submitted by the parties the Board found it relevant to consider the evidence submitted that the CANEX store at 15 Wing Moose Jaw operated at a significant loss during the fiscal year 2009/2010.

The parties were in agreement that the new Collective Agreement should be for a duration of three (3) years.

The Employer’s wage proposal provides for economic increases as follows:

*          Effective November 3, 2009                 3%

*          Effective November 3, 2010                 1.5%

*          Effective November 3, 2011                 1.5%

The Union’s wage proposal provides for economic increases as follows:

*          Effective November 3, 2009                 4.37%

*          Effective November 3, 2010                 3.7%

*          Effective November 3, 2011                 3.7%

The Board determines that the economic increase for the bargaining unit employees shall be as follows:

*          Effective November 3, 2009                 3.75%

*          Effective November 3, 2010                 2.5%

*          Effective November 3, 2011                 2.5%

The Board shall remain seized of this matter in the event the parties have any difficulties in implementing this award.

DATED AT OTTAWA, April 22, 2010.

_______________________________
Sydney Baxter
Sole Arbitrator