Date: 20250319

File: 585-02-51176

 

Citation: 2025 FPSLREB 28

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

Before the Chairperson of the Federal Public Sector Labour Relations and Employment Board

 

 

 

in the matter of

The federal public sector labour relations act

and a dispute affecting

the Unifor, as bargaining agent,

and the Treasury Board, as employer,

in respect of the bargaining unit composed

of all employees of the Air Traffic Control group

 

 

 

 

Indexed as

Unifor v. Treasury Board

 

 

 

TERMS OF REFERENCE

 

 

To: Allen Ponak, chairperson of the arbitration board;

Gordon Howe and Luc Presseau, arbitration board members

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

For the Bargaining Agent: Jennifer Duff, Counsel

For the Employer: Daniel Asselin, Negotiator

Decision issued on the basis of written submissions,
dated November 27, and December 5 and 13, 2024.

TERMS OF REFERENCE OF THE ARBITRATION BOARD

 

[1] On November 27, 2024, Unifor (the “bargaining agent”) requested arbitration in respect of the bargaining unit comprised of “All employees […] in the Air Traffic Control Group as defined in Part I of the Canada Gazette of March 27, 1999” (see Unifor v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and Treasury Board, 2014 PSLRB 9).

[2] Along with its request, the bargaining agent provided a list of the terms and conditions of employment that the parties agreed to and others it wished to refer to arbitration (labelled as schedule 1).

[3] On December 5, 2024, the Treasury Board (“the employer”) provided its position on the terms and conditions of employment that the bargaining agent wished to refer to arbitration and additional terms and conditions of employment it wished to refer to arbitration (labelled as schedule 2).

[4] On December 13, 2024, the bargaining agent provided its position on the additional terms and conditions of employment that the employer wished to refer to arbitration (labelled as schedule 3).

[5] 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.

[6] 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 19, 2025.

Amélie Lavictoire on behalf of Edith Bramwell Chairperson,

Federal Public Sector Labour Relations

and Employment Board