FPSLREB Decisions
Decision Information
The complainant made a complaint, alleging that the respondent failed to implement the provisions of the new collective agreement within the period specified in it, contrary to s. 117 of the Federal Public Sector Labour Relations Act (“the Act”) – the respondent admitted to failing to comply with the timelines in the new collective agreement for the implementation of all the retroactive payments in it and consented to the issuance of a declaration to that effect – the Board declared that the respondent’s failure to implement the collective agreement within the 150-day deadline specified in it was a violation of the Act – the Board will remain seized of the issue of whether the violation of s. 117 constituted an unfair labour practice and of determining the appropriate remedy based on the facts of this case – the parties were encouraged to meet to resolve all outstanding issues and to reach a mutually agreeable resolution.
Preliminary order issued on consent.
Decision Content
Date: 20200218
Citation: 2020 FPSLREB 17
| Board Act and Federal Public
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Between
PUBLIC SERVICE ALLIANCE OF CANADA
Complainant
and
CANADIAN FOOD INSPECTION AGENCY
Indexed as
Public Service Alliance of Canada v. Canadian Food Inspection Agency
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
PRELIMINARY ORDER
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[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 December 19, 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 the Canadian Food Inspection Agency (“the respondent” or “the employer”), has failed to implement the provisions of a collective agreement signed on July 16, 2018, 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 all retroactive payments under 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