TO Group – Terms of Reference Decision
On October 23, 2012, the PSLRB issued a decision on the Terms of Reference for the TO Group Arbitration hearing. The RCEA had filed an objection to one of NRC’s proposals for inclusion in a new collective agreement. The objection dealt with one clause in the larger severance pay proposal. It was our argument that this clause was not part of NRC’s original proposal on severance pay, that it was not proposed or discussed during bargaining and as a result, could not be included in their proposals to the Arbitration Board. The issue was whether this was a new proposal and as such, prohibited for inclusion in their proposals. It had nothing to do with whether it was a good or fair or reasonable proposal.
The arbitrator from the PSLRB agreed with the RCEA and decided that the particular clause, dealing with future WFA payments and severance pay, was a new proposal, had not been raised during bargaining and could not be referred to the Arbitration Board. With that decision, the PSLRB has now confirmed the Terms of Reference for the TO Arbitration Board. NRC’s original severance pay proposal is still contained in the matters being referred to the Arbitration Board, minus the offending clause.
The TO Arbitration Board hearing will take place on December 14 and 15.