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CAPE is proceeding to arbitration on behalf of the EC Group

June 8, 2004

CAPE has just received confirmation from the Public Service Staff Relations Board (PSSRB) that an Arbitration Board will be established for the arbitration of the matters still in dispute between us and the Employer. We are referring 15 matters to arbitration.

Once the PSSRB received our May 11th request for arbitration, it had 7 days to advise the Treasury Board. Once the Treasury Board was advised by the PSSRB on May 18th, it had 7 days to advise the PSSRB if it wished to refer other matters to arbitration. We were advised by the PSSRB on May 26th that Treasury Board was referring additional matters to arbitration. Our response on these matters was provided to the PSSRB on June 3rd.

Under the Public Service Staff Relations Act, the PSSRB will appoint an arbitrator who is agreeable to both parties or who has been jointly nominated by both parties. Once the arbitrator is chosen, the PSSRB will establish the Arbitration Board. There are no fixed time limits to the process of establishing the Arbitration Board, it depends on the availability of arbitrators who are in great demand. We are hoping for late summer.

In addition to the PSSRB appointed arbitrator, the Arbitration Board will also consist of an Employer nominee and a Bargaining Agent nominee. CAPE's nominee is Fred Pomeroy, former national President of the Communications Energy and Paperworkers Union of Canada.

Both parties, CAPE and the Employer, will be given the opportunity to present evidence on the matters in dispute and make submissions. This step normally takes two or three days, depending on the number of matters in dispute. Our submission will be presented to the Arbitration Board by CAPE's legal counsel.

The Arbitration Board will render an arbitral award, usually within two months after these hearings. The arbitral award is binding on the Employer and on the employees the day on which the award is rendered. An arbitral award cannot be for a term of less than one year, or more than two years from the day on and after which it becomes binding on the parties. For example, an arbitral award rendered in August 2004 would be for a term ending before August 2006. An arbitral award may contain retroactive provisions (e.g. retroactive pay increases).

We have been posting weekly articles on our website on the matters we are referring to arbitration. As soon as we know the date of the Arbitration Board, we will post it on our website. We will also post any relevant information pertaining to the hearings.