Date:  20201106

File:  485-SC-42083

 

 Citation:  2020 FPSLREB 98

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

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

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

Issued on the basis of written submissions,

dated September 24, October 6 and 13, 2020.

TERMS OF REFERENCE

[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