Date: 20200218

File: 561-33-39406

 

 Citation: 2020 FPSLREB 16

Federal Public Sector Labour Relations and Employment Board Act and Federal Public Sector Labour Relations Act

Before a panel of the Federal Public Sector Labour Relations and Employment Board

Between

 

PUBLIC SERVICE ALLIANCE OF CANADA

Complainant

 

and

 

PARKS CANADA

 

Respondent

Indexed as

Public Service Alliance of Canada v. Parks Canada

In the matter of a complaint made under section 190 of the Federal Public Sector Labour Relations Act

Before:  James R. Knopp, a panel of the Federal Public Sector Labour Relations and Employment Board

For the Complainant:  Andrew Raven, counsel

For the Respondent:  Karl Chemsi, counsel

Ottawa, Ontario.

PRELIMINARY ORDER

[1]  The following is the content of a preliminary order issued on consent pursuant to a case-management conference held on January 13, 2020:

WHEREAS the bargaining agent, the Public Service Alliance of Canada (“the complainant”), on November 9, 2018, filed a complaint pursuant to s. 190(1)(e) of the Federal Public Sector Labour Relations Act, S.C. 2003, c. 22, s. 2 (“the Act”) alleging that Parks Canada (“the respondent” or “the employer”), has failed to implement the provisions of a collective agreement between the employer and the complainant within the period specified in the collective agreement, contrary to section 117 of the Act;

AND WHEREAS the respondent has admitted to the panel of the Board that it has violated section 117 of the Act by failing to comply with the timelines therein for implementation of the new collective agreement and has consented to the issuance of a declaration to that effect by the Board.

THEREFORE, it is hereby declared that the respondent, having failed to implement the collective agreement within the 150-day deadline identified in the terms of the collective agreement, as prescribed in section 117 of the Act, is in violation of the Act.

In order to effectively manage the determination of the outstanding issues in this complaint, the Board will remain seized of the issue as to whether or not the violation of section 117 in these circumstances constituted an unfair labour practice pursuant to section 190 of the Act and to determine the appropriate remedy based on the facts of this case.

The parties are encouraged to meet in the meantime to resolve all outstanding issues and to come to a mutually agreeable resolution in this matter.

Case-management conference calls will be held to provide the Board with a status report concerning the progress made by the parties.

February 18, 2020.

James R. Knopp,

a panel of the Federal Public Sector Labour Relations and Employment Board