Federal Public Sector Labour Relations Act

Marginal note:Preponderant factors

• 148 (1) In determining whether compensation levels and other terms and conditions represent a prudent use of public funds and are sufficient to allow the employer to meet its operational needs, the arbitration board is to be guided by and to give preponderance to the following factors in the conduct of its proceedings and in making an arbitral award:

  • (a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; and

  • (b) Canada’s fiscal circumstances relative to its stated budgetary policies.

• Marginal note:Other factors

  (2) If relevant to the making of a determination under subsection (1), the arbitration board may take any of the following factors into account:

  • (a) relationships with compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;

  • (b) the compensation and other terms and conditions of employment relative to employees in similar occupations in the private and public sectors, including any geographical, industrial or other variations that the arbitration board considers relevant;

  • (c) compensation and other terms and conditions of employment that are reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and

  • (d) the state of the Canadian economy.