FPSLREB Decisions

Excluded positions - Post-Certification identification of managerial or confidential position pursuant to paragraph (a) of the definition of "managerial or confidential position" in subsection 2(1) of the Public Service Staff Relations Act (PSSRA) - Relationship of trust - the employer proposed that the position of Head, Ministerial Correspondence Unit at Fisheries and Oceans Canada be identified as a managerial or confidential position within the meaning of paragraph (a) of the definition of "managerial or confidential position" in subsection 2(1) of the PSSRA - the bargaining agent objected to this identification - the Board appointed an examiner to investigate the duties and responsibilities of the incumbent of the position - the examiner's report was incorporated by reference into the Board's decision - after a review of the evidence and the arguments of the parties, the Board found that, although the incumbent of the position had to display complete discretion, the duties of the position were not such that it should be identified as a managerial or confidential position within the meaning of paragraph (a) of the definition of "managerial or confidential position" in subsection 2(1) of the PSSRA. Identification rejected. Cases cited:Public Service Alliance of Canada v. Treasury Board (148-2-91); Public Service Alliance of Canada v. Treasury Board (148-2-109); Public Service Alliance of Canada v. Treasury Board (148-2-46); Treasury Board v. Public Service Alliance of Canada (175-2-595, August 18, 1992).