Hearing Dates for EC Arbitration
July 29, 2004
On June 8, on behalf of the CAPE EC Negotiating Team we announced that further to a request by CAPE the Public Service Staff Relations Board (PSSRB) was about to establish an arbitration board to hear and decide upon unresolved issues at the EC bargaining table. The dates for the hearing have finally been announced.
CAPE will present its case to an arbitration board on September 27, 28 and 29, 2004.
An interest arbitration board formed under the authority of the Public Service Staff Relations Act includes three persons: a bargaining agent nominee, an employer nominee and a chairperson. CAPE provided the name of its nominee to the PSSRB on May 11 and then again on June 3rd. The employer provided the name of its nominee much later in June.
Once the nominees had been presented to the PSSRB, they were tasked with finding an arbitrator to chair the board. In the first two weeks of July, the nominees exchanged names, but could not come to an agreement on an arbitrator. When it became evident that an agreement was not possible, Fred Pomeroy, CAPE’s nominee contacted the PSSRB and asked that it designate a chairperson.
The chairperson chosen by the PSSRB was Professor Ken E. Norman. Once appointed, Professor Norman began exploring possible dates for the hearing with the two nominees who had received instructions from their respective principals. The earliest dates when all parties were available were the dates in late September.
During the next few weeks, members of the professional staff at CAPE and legal council from Engelmann-Gottheil will complete research, analysis and the preparation of the written brief that will be presented to the arbitration board.
Thereafter the brief will be reviewed by the bargaining team. Copies will be provided to the PSSRB and to the employer in a timely manner for the hearing. In exchange for CAPE’s brief, the employer will provide CAPE and the PSSRB with a copy of the employer’s brief. Shortly thereafter, on September 27, the two parties will appear before the board for the first day of the hearing.
It is anticipated that the hearing will take three full days. After hearing arguments and receiving evidence from both CAPE and Treasury Board, the board will take four to six weeks to prepare a written decision. The new rates of pay will be retroactive. However, the other new benefits, that were the object of agreement at the table or that will be part of the arbitration board decision, will be effective on the date of the decision unless specified differently in the collective agreement or in the board decision.