FPSLREB Decisions

(1) On September 14, 2007, the Canadian Merchant Service Guild (The Guild) requested the establishment of an arbitration board in respect of all the employees of the employer in the Ships’ Officers Group pursuant to section 136 of the Public Service Labour Relations Act.

(2)  Included with its request of September 14, 2007, the Guild provided a list of the terms and conditions of employment that it wished to have referred to the arbitration board.

(3) By letter of September 27, 2007, the Treasury Board provided its position on the terms and conditions of employment that the employer wished to have referred to the arbitration board.

(4) The Guild did not provide further comments to the Treasury Board’s request for arbitration of additional matters.

(5) The Guild represents the Ships’ Officers employed by the Federal Government in the following sub-groups: Floating Plant (FLP), Instructor (INS), Marine Operations (MAO), and Radio (RAD).  The majority of the bargaining unit work for the Canadian Coast Guard, while a smaller portion works on certain vessels of the Department of National Defence (DND). Technically, the unit enjoys the right to strike but virtually all of the Officers have been declared “essential” for the last three rounds of bargaining.

(6) The Guild was certified in 1969 for this bargaining unit of Ships’ Officers.  The Treasury Board and the Guild have already agreed on a number of items for this Collective Agreement to begin April 1^st, 2006.

(7) Notice to bargain was given by the Guild to the Treasury Board on March 30, 2006.  The parties exchanged proposals on April 20^th and subsequently engaged in twelve days of direct bargaining in August, September and November of 2006.  The mediation services of the PSLRB were engaged from April 24-26, 2007 but several issues remained outstanding when the Guild requested the establishment of this Arbitration Board.

(8) Prior to the hearing, the parties exchanged briefs which were submitted to the Arbitration Board.

(9) The Arbitration Board met with the parties on April 14 and May 23, 2008 during which time they were given a full opportunity to present evidence and make representations on the outstanding issues.

The issues in dispute and the award

(10) Effective April 1, 2010, the Board awards that the annual rates of pay set out in Appendices A through D of the expired agreement between the Guild and the Treasury Board (code 410) be revised to an hourly rate of pay structure applicable to all crewing systems. The new hourly rate of pay shall be calculated based on the current annual lay-day rates.  For example, an MAO-05 earning $63,713 at the top increment of the lay-day system will have a new hourly rate calculated by $63,713 divided by 52.176 (weeks per year) divided by 40 hours = $30.53.  This hourly rate of pay shall be the new hourly rate of pay for all MAO-05 officers.  Weekly salary will be determined for all MAO-05 officers in accordance with the following formula based upon their hours worked under their crewing system:

a. An Appendix  H officer will then be compensated at 42 hours per week times $30.53 per hour;

b. An Appendix I officer will then be compensated at 40 hours per week times $30.53 per hour plus two  hours at time-and-one-half;

c. An Appendix J officer will then be compensated at 46.6 hours per week times $30.53 per hour; and

d. An Appendix K officer will then be compensated at 40 hours per week times $30.53 per hour.

The hourly rates of pay for the levels MAO-TO to MAO-12 as well as FLP-01 to FLP-07 and RAD-01 to RAD-03 will be calculated in the same manner and officers will be paid  in accordance with the hours worked under their crewing system mutatis mutandis.

(11)  Instructors (INS sub-group) will receive an additional 2 increments.  The new maximum rates of pay are to be calculated as follows:  Effective April 1, 2008 and prior to the application of any general wage increases, the Board awards a new increment of 4% at the top end of the grid for the INS sub-group.  Effective April 1, 2010 and prior to the application of any general wage increases, the Board awards a further new increment of 4% at the top end of the grid for the INS sub-group. Instructors who have been at the maximum rate of pay for their level for 12 months or more on April 1, 2008, will move to the new maximum rate of pay effective April 1, 2008.  Instructors who have been at the maximum rate of pay for their level for 12 months or more on April 1, 2010, will move to the new maximum rate of pay effective April 1, 2010.

(12) The Board further directs that the annual economic increases as set out in paragraph 19 of this award shall apply to the allowances set out in Appendices E and G.

(13) a.    Appendix H will state that six hours of vacation leave are to be deducted for each day of vacation leave and a lay-day credit shall not be earned.

          b.   In Appendix I, Article 20 - Vacation leave with pay - the following sentence shall be deleted:

 “Vacation Leave with pay will be granted in hours with the hours being debited each day equal to 12.28 hours per day.”

   c.   With respect to Appendix J, Article 20 - Vacation leave with pay - shall read as follows:

“An officer shall earn vacation leave credits at the rate prescribed for his-her years of continuous employment, as set forth in Article 20 of the Collective Agreement, for each calendar month for which he-she receives at least ninety-three (93) hours’ pay.

Vacation leave with pay may be granted only on those days that are, otherwise, scheduled days of work.

Vacation leave with pay shall be granted on an hourly basis with hours debited for each day of vacation leave being equal to thirteen decimal three (13.3) hours per day.”

(14) The Meals and Quarters Allowance will be increased by $2 per day (from $8.50 to $10.50) for those officers working less than a twelve (12) hour day, effective the date of this Award.

(15) The Rescue Specialist Allowance will be increased to $130.00 per month, effective the date of this Award.

(16) Effective April 1, 2010, Vacation Leave entitlements will be increased as follows:

a. 14 hours per month until the month in which the anniversary of his/her 16^th year of continuous employment occurs;

b. 14.67 hours per month commencing with the month in which his/her 16^th anniversary of continuous employment occurs;

c. 15.33 hours per month commencing with the month in which his/her 17^th anniversary of continuous employment occurs;

d. 16.67 hours per month commencing with the month in which his/her 18^th anniversary of continuous employment occurs;

e. 18 hours per month commencing with the month in which his/her 27^th anniversary of continuous employment occurs;

f. 20 hours per month commencing with the month in which his/her 28^th anniversary of continuous employment occurs;

(17) Effective April 1, 2010, a Volunteer day and a Personal day will be awarded to members of the bargaining unit as follows:

VOLUNTEER LEAVE

Subject to operational requirements as determined by the Employer 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 eight (8) hours of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

The leave will be scheduled at times convenient to both the employee and the Employer.  Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

PERSONAL LEAVE

Subject to operational requirements as determined by the Employer 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 eight (8) hours of leave with pay for reasons of a personal nature.

The leave will be scheduled at times convenient to both the employee and the Employer.  Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

(18) Given the advantage of establishing solutions to ensure effective scheduling that will address the operational needs of the organization and respect the quality of life of employees working in a seasonal environment, the Board directs that effective April 1, 2010, the following Memorandum of Understanding shall apply:

MEMORANDUM OF UNDERSTANDING

ON

TEMPORARY LACK OF WORK SITUATION

As a result of the removal of the vacation leave factors, as set out in paragraph 20 of the arbitral award (PSLRB File 585-02-10) and in recognition of the Guild’s concern regarding temporary lack of work situations for indeterminate full time Officers and notwithstanding Article 30.13, the following steps shall be undertaken in the event of a temporary lack of work situation:

1. When a temporary lack of work situation has been identified, the Officer shall be informed in writing with a copy provided to the Regional Guild Office with as much notice as possible of these situations, and shall include the anticipated dates of the temporary lack of work.  Consultation with the Guild at the Regional level shall take place.

2. The Officer’s leave credits shall be managed in accordance with the provisions of the collective agreement and the MOU regarding Compensatory Leave.

3. The Officer shall exhaust all his/her lay-day, annual leave and compensatory credits.

4. When all the lay-day, annual leave and compensatory credits have been exhausted, the Employer shall endeavour to provide an opportunity for training or alternate assignment(s) at the Officer’s substantive pay level during this period.  Where alternate assignments within the Officer’s home region cannot be found, alternate assignments in other regions will be considered.  Nothing in this MOU will limit the Employer’s requirements with respect to competencies, qualifications, knowledge and abilities for potential assignments.

5. A review of the current staffing situation (casual, term, acting positions) will be completed to determine if opportunities are available. Alternate assignments in reference to this MOU, will be made to positions occupied by casual and term employees prior to affecting indeterminate Officers performing duties in accordance with Article 35.04.

6. Consultation with the Guild at the National level shall be completed prior to an Officer being placed in off-duty status.

   In no case will an Officer be placed in an off-duty status unless the above steps have    been completed.

   Should an Officer refuse an offer of an alternate assignment or a training opportunity in accordance with this MOU, the provisions of this MOU will no longer apply for this temporary lack of work situation.

(19) The Arbitration Board determines that economic increases shall be awarded as follows:

April 1, 2006               2.5%

April 1, 2007               2%

April 1, 2008               2%

April 1, 2009               2%

April 1, 2010               2%

(20) Effective March 31, 2010, the “vacation leave factors” provided in Appendices:

- H – Article 20 – Lay Day Operational Crewing System

 - I – Article 20 – Averaging System Forty-Two (42) Hours

- J – Article 20 – On-Call System – Average Forty-Six Point Six (46.6) Hours

are to be deleted.

a) A payment of $25K in lieu of the “vacation leave factor” shall be payable in five (5) equal annual instalments to those Ships Officers on the Lay Day Operational Crewing System.  For greater clarity this will be a non-negotiable and non-renewable payment for present incumbents paid at the lay day rates of pay, on the date of the arbitration hearing May 23, 2008, provided they remain employees within the bargaining unit.

b) The first (1^st) of the five (5) equal instalments shall be made on April 1, 2010 and the remaining four (4) payments shall be made on each April 1 thereafter.

c) The vacation leave balances for all Ships Officers above shall not be discounted following elimination of the “vacation leave factors” as set out in this paragraph.

(21) The Arbitration Board determines that the duration of the Collective Agreement shall be from April 1, 2006 to March 31, 2011.

(22) The parties are directed to discuss and to agree on the appropriate language to fully implement this award and to discuss and agree on the necessary consequential amendments that flow from it.  The Arbitration Board shall remain seized of this matter until August 29, 2008 in the event that the parties encounter difficulties in its implementation.  In such case, the Arbitration Board shall be advised forthwith of the difficulty and in any event no later than August 29, 2008.

Ottawa, June 27 2008

Yvon Tarte

For the Arbitration Board