Date: 20201106
File: 485-SC-42083
Citation: 2020 FPSLREB 98
and Staff Relations Act
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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 Senate of Canada, as employer,
in respect of the Operational Group, except for employees in the Protective Services Sub-group bargaining unit
Indexed as
Public Service Alliance of Canada and Senate of Canada
Before: Catherine Ebbs, a panel of the Federal Public Sector Labour Relations and Employment Board
To: Ian Mackenzie, Joe Herbert and Katherine 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
TERMS OF REFERENCE
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[1]
By letter of September 24, 2020, 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 which is defined as “all employees of the Employer in the Operational Group of the Senate, except employees in the Protective Services Sub-Group”. Along with its request, the bargaining agent provided a list of the 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 October 6, 2020, the Senate of Canada (“the employer”) provided its position on the terms and conditions of employment that the bargaining agent wished to refer to arbitration. The employer relied on sections 5(3) and 55(2) of the Act in support of its objection to New Article – Sessional Indeterminate Employees. The employer also provided a list of additional terms and conditions of employment it wished to refer to arbitration. That letter and supporting material are attached as schedule 2.
[3]
By Electronic mail of October 13, 2020, the bargaining agent provided its position with respect to the additional matters referred to arbitration by the employer. That letter is attached as schedule 3. With respect to the objections raised by the employer, the bargaining agent provided no comment.
[4]
Accordingly, the matters in dispute on which the Federal Public Sector Labour Relations and Employment Board shall make an arbitral award are, subject to section 52 of the Act, those set out in schedules 1 to 3 inclusive, which are attached to these terms of reference.
November 6, 2020.
Catherine Ebbs,
a panel of the Federal Public
Sector Labour Relations
and Employment Board