FPSLREB Decisions
Decision Information
Excluded positions - Post-Certification identification of managerial or confidential positions - Paragraphs (e) of the definition of "managerial or confidential position" in subsection 2(1) and 5.1(1)(d) of the Public Service Staff Relations Act (PSSRA) - Benefits advisors - the employer identified three benefits advisor positions as "managerial or confidential positions" within the meaning of paragraphs (e) of the definition of "managerial or confidential position" in subsection 2(1) and 5.1(1)(d) of the PSSRA - the bargaining agent objected to the identification of these positions - the Board found that the evidence showed that close to 70% of the benefits advisors' time was spent offering advice to management on the interpretation of collective agreements - the Board also found that the responsibilities of the positions in question raised conflict of interest problems that were sufficient in and of themselves to justify the identification of the positions. Identification confirmed.