File: 585-02-49223

 

 

 

 

 

 

 

IN THE MATTER OF

THE FEDERAL PUBLIC SECTOR LABOUR RELATIONS ACT

and a Request for Arbitration affecting

the National Police Federation, as Bargaining Agent,

and the Treasury Board, as Employer,

in respect of the bargaining unit composed of all employees who are Royal Canadian Mounted Police members (excluding officers and civilian members) and all the employees who are reservists

 

 

 

 

Before: William Kaplan, arbitration board

 

 

 

For the Bargaining Agent: Caroline (Nini) Jones and Andrew Montague Reinholdt, counsel

 

For the Employer: Stephen Diotte

 

 

 

 

Heard by videoconference on April 5, 2024.

Arbitral Award

Introduction

[1] This interest arbitration was consensually convened to resolve the issues remaining in dispute between Treasury Board (TB) and the National Police Federation (NPF).

[2] The Royal Canadian Mounted Police (RCMP) is Canada’s national police force with over 750 detachments across the country. The RCMP is responsible for federal policing; it safeguards Canada and Canadians against domestic and international criminal threats. It is responsible for protecting borders, fighting cyber and financial crime and providing protective details. Finally, the RCMP performs on the international stage, including by participating in UN Peacekeeping Missions, training of international police services, and contributing to international intelligence work. The NPF is the certified bargaining agent for approximately 20,000 RCMP members (below the rank of Inspector), employed as regular members, Special Constables, and reservists. NPF members hold the following ranks: Corps Sergeant Major; Sergeants Major; Staff Sergeants Major; Staff Sergeants; Sergeants; Corporals; and Constables. The NPF also represents over 100 Special Constables engaged in a variety of duties.

[3] TB oversees bargaining across the federal public service.

Bargaining History

[4] The first collective agreement expired on March 31, 2023, following which the parties met in collective bargaining. Notably, the bargaining relationship is positive and collaborative, and the parties were able to resolve most issues in dispute. The outstanding issues proceeded to a mediation held in Ottawa on December 5, 2023, and February 10, 2024. A hearing was held on April 5, 2024.

Governing Criteria

[5] Pursuant to section 148 of the Federal Public Sector Labour Relations Act (FPSLRA), an interest arbitration board must consider the following factors, in addition to any other factors that it finds relevant:

a) the necessity of attracting and retaining competent persons to the public service to meet the needs of Canadians;

 

b) the necessity of offering compensation and other terms and conditions of employment in the public service comparable to those of employees in similar private and public sector occupations, including any geographic, industrial or other variations that the arbitration board considers relevant;

 

c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;

 

d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered;

 

and

 

e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances.

 

[6] Additionally, section 238.21 of the FPSLRA requires that a unique factor be considered in respect of the RCMP: “The arbitration board may, if relevant … take into account the impact of the determination on the operational effectiveness of the [RCMP].”

Discussion

[7] Obviously, all the statutory factors have been carefully considered, as has replication: the replication of free collective bargaining in the police sector where there are well-established norms covering the issues in dispute. A two-year term was agreed upon.

Award

Across the Board Increases

April 1, 2023: 3% economic increase + 1% market adjustment (4%)

April 1, 2024: 2% economic increase + 2% market adjustment (4%)

 

Other Compensation

[8] One time allowance related to the performance of regular duties in the amount of $2500 to incumbents of positions in the bargaining unit on the date of signing of the collective agreement.

[9] The parties have agreed that implementation of the arbitral award will be done in accordance with the Memorandum of Agreement with Respect to Implementation of the Collective Agreement as signed off by them on August 30, 2023.

[10] Retroactivity per collective agreement.

Conclusion

[11] At the request of the parties, I remain seized with respect to the implementation of this award.

 

April 16, 2024.

William Kaplan, Chair of the arbitration board