FPSLREB Decisions

Decision Review - Membership in the bargaining unit - Section 34 of the Public Service Staff Relations Act - Paragraph (k) of definition of "employee" in section 2 of the Act - Student employment program - in an earlier decision, Board had concluded that at least some students who were employed by Revenue Canada, Customs and Excise were not subsumed by paragraph (k) of the definition of "employee" and therefore might fall within the programme administration bargaining unit: 147-2-46; (1997) 31 PSSRB Decisions 6 - employer adduced new evidence which in the Board's opinion established that the Memorandum of Understanding entered into by Revenue Canada, Customs and Excise and Treasury Board in 1987 provided due authority to Revenue Canada to establish a year-round student employment program within the meaning of paragraph (k) of the definition - this was contrary to what the Board had concluded in its original decision - furthermore, this new evidence could not reasonably have been presented at the original hearing. Application allowed. Case cited: Public Service Alliance of Canada and Treasury Board (125-2-41).