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EC Arbitration

October 1, 2004

On the first day of the hearings, Ken Norman, the Chair of the Arbitration Board invited both parties to resolve outstanding issues with the board nominees acting as mediators. The Chair made it clear that he would attempt in his decision to replicate what would have been achieved at the bargaining table had the parties had more time or will, therefore it would be preferable for the parties to come to an agreement on the issues in dispute than have him impose a binding decision. He also made it clear that we needed to be cognizant of the fact that he has limited authority to break any new grounds in his decision.

We were skeptical, but we decided to make an attempt to come to an agreement at least on certain issues, particularly those which were not contentious such as the personal and volunteer leaves. We felt that the fewer the issues we referred to arbitration, the better our chances of obtaining those which were of critical importance to our membership.

By 5:00 p.m. the next day, the parties were unable to come to an agreement on four issues (our position is in brackets). Pay (3%, 3%, 3% and the addition of an increment at the maximum of all pay scales) Sexual Harassment (the removal of the word sexual in the agreement and broadening the definition of harassment to include personal harassment and abuse of authority) Parental Leave (to allow parental leave to be split in two periods) and Vacation Leave (a new entitlement of 17 days after 5 years of service and an improvement of the current 6 week entitlement after 28 years of service). Our legal counsel Frederica Wilson presented arguments to the Arbitration Board on all four issues. The presentation of arguments in support of our pay proposal took up the morning of September 29th. Economists Ken Waldie and Dan O’Hagan were also present at the hearings to explain, if required, the section of the brief which dealt with an analysis of the labour market and the economy.

The Chair of the Arbitration Board assured us that his decision on the matters referred to him will be issued shortly. As soon as the decision is rendered, it will be posted along with the matters resolved between the parties.