FPSLREB Decisions
Decision Information
Amendment to designation of positions no longer having safety or security duties - Subsection 78.1(6) of the Public Service Staff Relations Act (PSSRA) - General Services Subgroup of the General Services Group (that part formerly known as the Clerical and Regulatory Group) - in an earlier decision, the Board had designated, pursuant to subsection 78.1(6) of the PSSRA, the positions which the parties had agreed have safety or security duties: (1997) 32 PSSRB Decisions 33 - subsequently, the employer advised the Board that the parties had agreed that some of these positions no longer had safety or security duties - accordingly, the Board revoked the designation of these positions and the Forms 13 that had been issued accordingly - the employer also advised the Board that the parties had agreed that an additional four positions had safety or security duties - consequently, the Board designated these positions pursuant to subsection 78.1(6) of the PSSRA - pursuant to section 78.5 of the PSSRA, the Board authorized the employer to inform of the designation the incumbents of these additional four positions and directed the employer to do so within the time limit and pursuant to the procedure specified in section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993 - the Board further directed the employer to so notify future incumbents of these additional four positions within 30 days of the date on which they occupy these positions. Designations revoked. Positions designated.
Decision Content
File: 181-2-369 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN THE PUBLIC SERVICE ALLIANCE OF CANADA Bargaining Agent and TREASURY BOARD Employer
RE: Designated Positions - General Services Subgroup of the General Services Group (that part formerly known as the Clerical and Regulatory Group)
Before: Yvon Tarte, Chairperson
(Decided without an oral hearing)
Decision Page 1 DECISION DESIGNATING POSITIONS A decision was issued by the Board on September 26, 1997, pursuant to subsection 78.1(6) of the Public Service Staff Relations Act, designating the positions in the General Services Subgroup of the General Services Group (that part formerly known as the Clerical and Regulatory Group) bargaining unit contained in the diskettes CR1.xls, CR2.xls and CR3.xls, which the parties had agreed have safety or security duties.
By letters dated July 10, 1998 the employer advised the Board that the parties had agreed to amend the list of designated positions identified in the above diskettes. As a result of this agreement certain positions were deleted from the list and four positions were added to the list. Enclosed with the employer’s letters were letters dated July 6 and July 8, 1998 signed by the bargaining agent in which it agreed with the changes proposed by the employer, together with two diskettes bearing identification CR1-9 and CR3-2.xls which replace diskettes CR1.xls and CR-3.xls mentioned above. The employer also advised that no changes were made on diskette CR2.xls. Diskettes CR1-9 and CR3-2.xls are accepted as an amendment by the parties of the diskettes referred to in the Board’s decision of September 26, 1997. Diskettes CR1-9, CR2.xls and CR3-2.xls are contained in the Board file and contain all of the positions which the parties agree have safety or security duties.
On the basis of the agreement of the parties, the Board hereby revokes the designation of those positions designated by its decision of September 26, 1997 and which do not appear on the list of positions contained in the diskettes enclosed with the employer’s letter of July 10, 1998. The Board also revokes the Forms 13 issued for those positions and directs the employer to return them to the Board forthwith. The Board will destroy the Forms 13 returned by the employer.
Also on the agreement of the parties, the Board designates the four positions listed in the diskettes enclosed with the employer’s letters of July 10, 1998 that were not designated by the Board’s decision of September 26, 1997.
Public Service Staff Relations Board
Decision Page 2 Furthermore, pursuant to section 60 of the P.S.S.R.B. Regulations and Rules of Procedure, 1993, the persons who occupy those four positions are to be so informed as set out in the decision of the Board of September 26, 1997. Thereafter future occupants of these positions shall be notified within thirty days of the date on which they first occupy the positions.
Pursuant to section 78.5 of the Act, the Board hereby authorizes the employer to inform the employees occupying the four additional positions designated above. For this purpose, the Board will provide the employer with a Form 13 for each of the four designated positions containing all the information required, with the exception of the name of the employee occupying the designated position and the "Dated at..." portion of the Form, which is to be completed by the employer prior to notification.
The Board draws the employer's attention to its responsibility under subsection 60(2) of the Regulations that, on the notification of an employee who occupies a designated position, it is to provide forthwith a copy of the notice referred to in subsection 60(1) of the Regulations to the bargaining agent.
Yvon Tarte Chairperson OTTAWA, September 8, 1998.
Public Service Staff Relations Board