Canadian Merchant Service Guild v. Treasury Board



Federal Public Sector Labour Relations Act

Coat of Arms - Armoiries
  • Date:  20180130
  • File:  585-02-69
  • Citation:  2018 FPSLREB 9

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 Canadian Merchant Service Guild, as bargaining agent,
and the Treasury Board, as employer,
in respect of the Ships’ Officers bargaining unit


Indexed as
Canadian Merchant Service Guild v. Treasury Board



To:
Sydney Baxter, chairperson of the arbitration board; Joe Herbert and Anthony Boettger, arbitration board members
Before:
Catherine Ebbs, Chairperson of the Federal Public Sector Labour Relations and Employment Board
For the Bargaining Agent:
David Jewitt, Counsel
For the Employer:
Ted Leindecker, Treasury Board
Issued on the basis of written submissions,
dated November 24, December 6 and 14, 2017.

REASONS FOR DECISION

1        By letter of November 24, 2017, the Canadian Merchant Service Guild (“the bargaining agent”) requested arbitration pursuant to section 136 of the Federal Public Sector Labour Relations Act (the “Act”) in respect of the Ships’ Officers bargaining unit.  Along with its request, the bargaining agent provided a list of the terms and conditions of employment it wished to refer to arbitration.  Those terms and conditions of employment and supporting material are attached as schedule 1.

2        By letter of December 6, 2017, 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        By letter of December 14, 2017, the bargaining agent provided its position on the additional terms and conditions of employment the employer wished to refer to arbitration.  Also attached to the Form 10 as Appendix A, submitted by the bargaining agent, are the items that the parties had reached an agreement on and will not be included as part of the terms of reference.  That letter is attached as schedule 3.

4        The following items are no longer in dispute and will not be included in the terms of reference:

5        Accordingly, pursuant to section 144 of 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.

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.

January 30, 2018.

Catherine Ebbs,

Chairperson of the Federal Public Sector Labour Relations and Employment Board