Date: 20240321
File: 585-02-49004
Citation: 2024 FPSLREB 40
| Federal Public Sector
Labour Relations Act
|
in the matter of
The federal public sector labour relations act
the Canadian Federal Pilots Association, as bargaining agent,
and the Treasury Board, as employer,
in respect of the bargaining unit composed of all employees of the employer in the Aircraft Operations Group as defined in the Canada Gazette on March 27, 1999
Indexed as
Canadian Federal Pilots Association v. Treasury Board
TERMS OF REFERENCE
To: Brian Keller, chairperson of the arbitration board;
Phillip Hunt and Scott Streiner, arbitration board members
Before: Edith Bramwell, Chairperson of the Federal Public Sector Labour Relations and Employment Board
For the Bargaining Agent: Justin Miller
For the Employer: Lourena Williams
Issued on the basis of written submissions,
dated February 1, February 9 and February 16, 2024.
TERMS OF REFERENCE OF THE ARBITRATION BOARD |
[1] By letter of February 1, 2024, the Canadian Federal Pilots Association (“the bargaining agent”) requested arbitration in respect of the Aircraft Operations bargaining unit. The bargaining unit was set out by the former Public Service Staff Relations Board (the “PSSRB”) on November 14, 1984 (PSSRB file 143-2-222), as amended on May 5, 1999 (PSSRB file 142-2-324), and as further modified in Aircraft Operations Group Association v. Treasury Board, 2001 PSSRB 2. 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 February 9, 2024, and the Treasury Board (“the employer”) provided its position on the terms and conditions of employment that the bargaining agent wished to refer to arbitration. 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] On February 16, 2024, the bargaining agent provided its position on the additional terms and conditions of employment that the employer wished to refer to arbitration. That letter is attached as schedule 3.
[4] Accordingly, pursuant to section 144 of the Federal Public Sector Labour Relations Act (the “Act”), the matters in dispute on which the arbitration board shall make an arbitral award are those set out in schedules 1 to 3 inclusive, which are attached to this decision.
[5] Should any jurisdictional question arise during the course of the hearing as to the inclusion of a matter in these terms of reference, that question must be submitted without delay to the Chairperson of the Federal Public Sector Labour Relations and Employment Board, who is, according to subsection 144(1) of the Act, the only person authorized to make such a determination.
March 21, 2024.
Edith Bramwell
Chairperson,
Federal Public Sector Labour Relations
and Employment Board