Date:  20190621

File:  485-HC-40327

Citation:  2019 FPSLREB 60

IN THE MATTER OF

THE PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS ACT

and disputes affecting

the Public Service Alliance of Canada, as Bargaining Agent,

and the House of Commons, as Employer,

in respect of the bargaining unit composed of all employees of the employer in the Operational Group, except for part-time cleaners classified at the OP A level, and of the bargaining unit composed of all employees of the employer in the postal services sub-group in the Administrative Support Group

Indexed as

Public Service Alliance of Canada v. House of Commons

Before:  Dan Butler, Joe Herbert, and Kathryn Butler Malette, deemed to form the Federal Public Sector Labour Relations and Employment Board

For the Bargaining Agent:  Morgan Gay, Public Service Alliance of Canada

For the Employer:  Monique Enright, House of Commons

Decided on the basis of written submissions

dated May 3, 13 and 21, 2019.

[1]  By letter of May 3, 2019, the Public Service Alliance of Canada (“the bargaining agent”) requested arbitration pursuant to section 50 of the Parliamentary Employment and Staff Relations Act (the “Act”), in respect of the bargaining unit composed of all employees of the employer in the Operational Group, except for part-time cleaners classified at the OP A level, and of the bargaining unit composed of all employees of the employer in the postal services sub-group in the Administrative Support Group. Along with its request, the bargaining agent provided a list of terms and conditions of employment that it wished to refer to arbitration. Those terms and conditions of employment and supporting material are attached as Schedule 1.

[2]  By letter of May 13, 2019, the House of Commons (“the employer”) provided its position on the terms and conditions of employment that the bargaining agent wished to refer to arbitration. The employer also provided a list of additional terms and conditions of employment it wished to refer to arbitration. The employer objected to the following bargaining agent proposals: Article 32 – Grievance Procedure and Appendix D – Seasonal Certified Indeterminate (SCI) Employees. That letter and supporting material are attached as Schedule 2.

[3]  By e-mail of May 21, 2019, the bargaining agent provided its position with respect to the additional matters referred to arbitration by the employer and to the employer’s objection. That letter is attached as Schedule 3.

[4]  Accordingly, pursuant to s. 52 of the Act, the matters in dispute on which the Federal Public Sector Labour Relations and Employment Board shall make an arbitral award are those set out in Schedules 1 to 3 inclusive, which are attached to these terms of reference.

June 21, 2019.

Catherine Ebbs,

Chairperson of the Federal Public Sector Labour Relations and Employment Board