Date: 20230808

File: 485-PP-47720

 

Citation: 2023 FPSLREB 78

Parliamentary Employment and Staff Relations Act

Before 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 Parliamentary Protective Service, as Employer,

in respect of the bargaining unit composed of all employees of the Parliamentary Protective Service working as detection specialists and detection supervisors

 

 

 

Indexed as

Public Service Alliance of Canada v. Parliamentary Protective Service

 

 

 

 

Before: Edith Bramwell, a panel of the Federal Public Sector Labour Relations and Employment Board

To: Christopher Rootham, Joe Herbert and Kathryn Butler Malette, deemed to form a panel of the Federal Public Sector Labour Relations and Employment Board

For the Bargaining Agent: Morgan Gay, Public Service Alliance of Canada

For the Employer: Sébastien Huard, Counsel

Decided on the basis of written submissions,
dated June 29, July 13 and 14, 2023.

TERMS OF REFERENCE

[1] By letter of June 29, 2023, the Public Service Alliance of Canada (“the bargaining agent”) requested arbitration pursuant to section 50 of the Parliamentary Employment and Staff Relations Act, R.S.C., 1985, C. 33 (2nd Supp.), (the “Act”), in respect of the bargaining unit composed of all employees of the Parliamentary Protective Service working as detection specialists and detection supervisors. Along with its request, the bargaining agent provided a list of 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 July 13, 2023, the Parliamentary Protective Service (“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. The employer objected to the referral to arbitration for the following bargaining agent proposals: Article 28.04 – Personnel File and the Social Justice Fund. That letter and supporting material is attached as Schedule 2.

[3] By email of July 14, 2023, the bargaining agent agreed with the Employer’s positions concerning Article 28.04 and the Social Justice Fund and agreed that these matters were resolved in negotiations. However, the bargaining agent maintained its position concerning all matters outstanding and on the employer’s proposals, its position is status quo unless otherwise mentioned in its initial submissions. That email is attached as Schedule 3.

[4] Accordingly, pursuant to s. 52 of the Act, the matters in dispute on which the Federal Public Sector Labour Relations and Employment Board shall make an arbitral award are those set out in Schedules 1 to 3 inclusive, which are attached to these terms of reference.

August 8, 2023.

Edith Bramwell,

A panel of the Federal Public Sector Labour

Relations and Employment Board