Public Service Labour Relations Board
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Professional Institute of the Public Service of Canada  v. Canadian Food Inspection Agency

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Full Text
2005 PSSRB 22
Before: Yvon Tarte
Decision Rendered: March 11, 2005
Original Language: English

Subject terms:

Terms of Reference - Objection to inclusion by the employer - Subject matter of proposal not inappropriate for referral to arbitration board -Proposal not in violation of any provision of the Act - Proposal to be included in terms of reference

Each of the parties submitted to the Board the terms and conditions of employment that it wished to have referred to the arbitration board - the Canadian Food Inspection Agency (the Agency) objected to the inclusion of the new article on Professional Ethics - the Agency was of the view that in accordance with section 69 of the Public Service Staff Relations Act (the Act), it was a subject that was inappropriate for referral to an arbitration board - the bargaining agent responded that the objection was frivolous, vexatious and a stalling tactic - it argued that nothing in the Act prevented the subject from being included in a collective agreement and pointed out that the employer had not objected to the negotiation of the clause at the bargaining table - the Board found that there was nothing in the wording of the proposal that brought it within the ambit of the exclusions outlined in subsection 69(3) of the Act - the proposal was not in violation of subsection 57(2) of the Act - the Act did not contain a clause permitting the Chairperson to delete proposals which he or she felt necessary or advisable to delete in the interests of assisting the parties in reaching an agreement, as it did in section 84 with reference to conciliation boards - the proposal should be included in the terms of reference.