FPSLREB Decisions

Decision Information

Senate of Canada v. Public Service Alliance of Canada

Collection FPSLREB Decisions
Decision Rendered 2025-05-16
Citation 2025 FPSLREB 61
Before Christopher Rootham
Decision Type Labour Relations
Subject Terms Extension of time
Jurisdiction
Keywords Labour relations –Late implementation of an arbitral award – Application for an extension of time under s. 59 of the Parliamentary Employment and Staff Relations Act (R.S.C., 1985, c. 33 (2nd Supp); “PESRA”) – Jurisdiction of the PESRA arbitration board – Request for damages for late implementation
Original Language English
Note Please note that this decision will be published when it is available in both official languages. If you wish to obtain a copy of the decision in the official language it was written, please communicate with mail.courrier@fpslreb-crtespf.gc.ca.
Summary:

The applicant asked for an extension of time to implement three terms of an arbitral award for its Operational group: a $2500 lump-sum payment, retroactive pay, and economic increases. The respondent opposed the request and asked for damages for the affected employees. The parties first contacted the arbitration board to decide the application. By a letter decision, the arbitration board found that it could not decide the application since it was under the Board’s jurisdiction. The Board denied the application. It was made only one day before the implementation deadline. The applicant was not transparent with the respondent about the delay, the reasons for the delay, and the steps it took to resolve it. The applicant did not act diligently while bargaining or arbitrating when it failed to raise the prospect of a delay with the respondent or the arbitration board. The applicant did not act in good faith; it misrepresented itself to the arbitration board and the Board. Its misrepresentation led the respondent to drop a proposal on late implementation that could have pre-emptively resolved this dispute. The Board gave no weight to the applicant’s explanation that the Pay Centre was responsible for the delay since no evidence was led to prove it. The Board found that it did not have the jurisdiction to award damages on an application for an extension of time. The respondent should have made a complaint that the applicant failed to give effect to the arbitral award under s. 13(1)(b) of the PESRA.

Application denied.

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