LoP Arbitral Award
July 2001
Date: 20010611 File: 48S-LP-19
Parliamentary Employment and Staff Relations Act
Before the Public Service Staff Relations Board
BETWEEN
SOCIAL SCIENCE EMPLOYEES ASSOCIATION
Bargaining Agent and
LIBRARY OF PARLIAMENT
Employer
RE: Request for Arbitration
Research Officer and Research Assistant Sub-Groups in the Research and Library Services Group Bargaining Unit
Before: Marguerite-Marie Galipeau, Deputy Chairperson, Fred Pomeroy and Roch Paquin, Members
For the Bargaining Agent: Peter C. EngeImann, Counsel
For the Employer: Carole Piette, Counsel
Heard at Ottawa, Ontario, February 22, and May 28, 29 and 31, 2001.
DECISION
[1] On October 12, 2000, the Library of Parliament filed a request for arbitration pursuant to section 50 of the Parliamentary Employment and Staff Relations Act (PESRA) for the Research Officer and Research Assistant Sub-Groups in the Research and Library Services Group bargaining unit (bargaining unit) for which the Social Science Employees Association (SSEA) is the bargaining agent and which collective agreement expired on April 30, 2000.
[2] On October 24, 2000, the SSEA filed its reply with the Public Service Staff Relations Board ("the Board") with respect to the library of Parliament's request.
[3] The outstanding language and monetary issues between the parties related to acting pay, bilingualism bonus and rates of pay.
[4] On November 14, 2000, the Board appointed Marguerite-Marie Galipeau, Roch Paquin and Fred Pomeroy as members of the Board for arbitration purposes.
[5] The parties filed written submissions and presented oral arguments at the hearing held on February 22 and May 28, 29 and 31, 2001.
[6] The bargaining unit consists of 64 employees:
Research Assistant RA- JWL
Research Assistant RA-WL
Research Officer RO-l
Research Officer RO-2
Research Officer RO-3
Research Editor RE
Senior Analyst SA
Statistical Officer SO
[7] The three members of the Board met on June 1, 2001 to deliberate but could not come to an agreement. Therefore, the award is rendered by the Chairperson, Marguerite-Marie Galipeau.
Decision
[8] The Board awards the following pay increases and structural changes:
(a) An employee having performed the duties of the higher position on an
acting basis for 5 (five) consecutive days will be paid acting pay. Therefore, clause 25.05 of the expired collective agreement now reads:
Decision Page: 2
25.05 Acting Pay
When an employee is required by the Employer to substantially perform the duties of a higher position on an acting basis for a period of at least five (5) consecutive working days. he/she shall be paid acting pay calculated from the date on which he/she commenced to act as if he/she had been promoted to that higher position for the period in which he/she acts. such pay to be determined in accordance with clause 25.11.
(b) A bilingualism bonus is granted effective on the date of this award and the new clause reads:
The Employer shall pay a differential of eight hundred dollars ($800) per annum to all employees covered by this agreement who are required by the Employer to work in both official languages
(c) Effective May 1, 2000, an increment of $ 1,472 for the position RA-JWL and an increment of .$ 1,709 for the position RA-WL are added at the top of the pay scale.
(d) Effective May 1, 2000, and for all other positions in the bargaining unit an increment is added at the top of the pay scale which equals 50% of the difference calculated between the current maximum and penultimate rate of pay of each scale.
(e) Effective May 1, 2000, the range of rates is comprised of six steps by removing when applicable the extra bottom step or steps at each level.
(f) Effective May 1, 2000, all pay rates are increased by 2.5%.
(g) Effective May 1, 2001, all pay rates are increased by 3.0%.
(h) The collective agreement is operative from May 1, 2000 to an expiry date of June 15, 2002.
Marguerite- Marie Galipeau Deputy Chairperson
OTTAWA, June 11, 2001
Public Service Staff Relations Board