Date:  20191022

File:  485-PP-40966

Citation:  2019 FPSLREB 103

IN THE MATTER OF

THE PARLIAMENTARY EMPLOYMENT AND STAFF RELATIONS ACT

and a dispute affecting

the Public Service Alliance of Canada, as Bargaining Agent,

and the Parliamentary Protective Service, as Employer,

in respect of the bargaining unit composed of all employees of the Security Services Directorate of the House of Commons working as Scanners and Scanner Supervisors

Indexed as

Public Service Alliance of Canada v. Parliamentary Protective Service

Before:  Marie-Claire Perrault, 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:  Carole Piette, Counsel

Decided on the basis of written submissions

dated September 13 and 24, 2019 and October 3, 2019.

[1]  By letter of September 13, 2019, the Public Service Alliance of Canada (“the bargaining agent”) requested arbitration pursuant to section 50 of the Parliamentary Employment and Staff Relations Act, R.S.C., 1985, C. 33 (2^nd Supp.), (the “Act”), in respect of the bargaining unit composed of all employees of the Security Services Directorate of the House of Commons working as Scanners and Scanner Supervisors. 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 September 24, 2019, the Parliamentary Protective Service (“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 referral to arbitration for the following bargaining agent proposals: Article 21.08 – Schedule Change; Article 21.11 – Rest Periods; Article 30 – Health and Safety (minimum staffing); Article 40 – Seniority; and Appendix XX – Scheduling of Employees. That letter and supporting material is attached as Schedule 2.

[3]  By email of October 3, 2019, the bargaining agent maintained its position concerning all matters outstanding and on the employer’s proposals, it’s position is status quo unless otherwise mentioned in its initial submissions. That email 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.

October 22, 2019.

Catherine Ebbs,

Chairperson of the Federal Public

 Sector Labour Relations

and Employment Board