FPSLREB Decisions
Decision Information
Revocation of certification - Canadian Forces Base Toronto - Operational Support Category -by decision of February 14, 1985, the Board certified the Public Service Alliance of Canada (PSAC) as bargaining agent for all employees of the employer in the operational category employed at the Canadian Forces Base in Toronto: (1985) 7 PSSRB Decisions 5 (146-18-244) - employer requested Board pursuant to subsection 43(1) of the Public Service Staff Relations Act (PSSRA) to revoke the certification of the PSAC on the ground that, as a result of the closure of CFB Toronto, there was only one employee in the bargaining unit and therefore PSAC had ceased to act as bargaining agent - Board referred to the definition of bargaining unit set out in subsection 2(1) of the PSSRA which requires that there be a minimum of two employees in a bargaining unit - PSAC did not oppose the application. Certificate revoked.
Decision Content
File: 150-18-38 Public Service Staff Before the Public Service Relations Act Staff Relations Board Between STAFF OF THE NON-PUBLIC FUNDS - CANADIAN FORCES Applicant/Employer and PUBLIC SERVICE ALLIANCE OF CANADA Bargaining Agent RE: Application for Revocation of Certification - Operational Category
Before: I. Deans, Chairperson (Decided without an oral hearing.)
DECISION By decision of February 14, 1985, the Board certified the Public Service Alliance of Canada as bargaining agent for all employees of the employer in the Operational Category employed at the Canadian Forces Base in Toronto in respect of whom the Staff of the Non-Public Funds - Canadian Forces is the employer.
On June 4, 1996, the applicant/employer submitted an application to the Board under subsection 43(1) of the Public Service Staff Relations Act for the revocation of the certification of the Public Service Alliance of Canada as bargaining agent for the above bargaining unit. Subsection 43(1) reads as follows:
The Board will revoke the certification of a bargaining agent where the bargaining agent advises the Board that it wishes to give up or abandon its certification or where the Board, on application by the employer or any employee, determines that the bargaining agent has ceased to act as bargaining agent.
The term “bargaining unit” is defined in subsection 2(1) of the Act as follows: “bargaining unit” means a group of two or more employees that is determined, in accordance with this Act, to constitute a unit of employees appropriate for collective bargaining.
The applicant/employer states in its application that: “as a result of the closure of Canadian Forces Base Toronto, all but one employee has been terminated, leading to the bargaining agent ceasing to act as such.”
By letter received by the Board dated June 24, 1996, the bargaining agent advised the Board that: “we will not be challenging this application, as only one employee remains at CFB Toronto”.
Public Service Staff Relations Board
Decision Page 2 In light of the circumstances and the respective positions of the parties, the Board is satisfied that the application should be granted. Accordingly, the certification of the Public Service Alliance of Canada as bargaining agent for all employees of the Operational Category - Canadian Forces Base Toronto, in respect of whom the Staff of Non-Public Funds - Canadian Forces is the employer is hereby revoked.
I. Deans for the Board
OTTAWA, July 9, 1996.
Public Service Staff Relations Board